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(영문) 대전지방법원 2018.07.12 2018구합120

수용재결취소

Text

1. The part concerning the claim for facility relocation costs in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Details of ruling;

(a) Project approval and public announcement (1) : Public announcement of project approval: B (2) : Public announcement C of the Jung-gu Daejeon Metropolitan City on October 18, 2017;

(b) A project operator: The head of the Jung-gu Metropolitan City;

C. The date of commencement of expropriation by the Daejeon Metropolitan City Land Tribunal on December 27, 2017 (1): On January 31, 2018, the date of commencement of expropriation: 2,025,000 won (based on recognition: Entry in Gap evidence 11) for the relocation of facilities by E (State) in Daejeon-gu D (hereinafter “instant petroleum retail shop”).

2. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff: (b) registered the business operator prior to the commencement date of accommodation and registered the petroleum retail business; (c) equipped with sales facilities, such as oil storage tanks; and (d) was unable to use oil storage tanks at the instant petroleum retail shop; and (c) continued to operate the business by continuously maintaining the registration of the business operator and the registration of the said petroleum retail business and the said registration and the said registration of the petroleum retail business

Therefore, the defendant should pay to the plaintiff the compensation amounting to KRW 2,025,00 and KRW 14,573,712, the total compensation amounting to KRW 16,598,712 and delay damages for the business suspension of the petroleum retail shop in this case equivalent to the portion of household expenses of KRW 2,025,00 and KRW 3 of household expenses.

3. We examine, ex officio, the part of the instant lawsuit seeking payment of KRW 2,025,00, which was decided at the time of the adjudication of expropriation, as to the legitimacy of the part concerning the claim for the cost of facility relocation among the instant lawsuit.

The facts as seen earlier are that the Daejeon Metropolitan City Land Tribunal decided 2,025,000 won equivalent to the cost of relocating facilities of the instant petroleum retail shop due to a ruling of expropriation on December 27, 2017, as seen earlier. In full view of the evidence and the overall purport of the arguments as seen earlier, the Defendant deposited the Plaintiff at the Daejeon District Court on January 26, 2018, the date of commencement of the above confinement with KRW 2,025,000 as the deposit account of the Plaintiff on January 26, 2018. < Amended by Act No. 7215, Jan. 26, 2018>