손실보상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 16, 2009, the head of Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project district”) authorized the establishment of the Plaintiff, which is an association comprised of owners of land, etc. within the instant project district, for the purpose of implementing a A-Housing Redevelopment Improvement Project (hereinafter “instant project”) on the land of Bupyeong-gu, Incheon Metropolitan City (hereinafter “instant project district”). On August 22, 201, the head of Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City authorized the project implementation of the instant project as the Plaintiff on August 25, 201, and publicly announced as D/ of Bupyeong-gu, Incheon Metropolitan City on August 25, 2011.
From June 30, 201, the Defendant run the water distribution retail business with the trade name “F” from the Bupyeong-gu Incheon Metropolitan City E and the first floor, which is located within the instant project district, and closed the business on October 30, 201, which was after the date of announcement of authorization for the implementation of the project. From June 1, 2012, the Defendant, from around June 30, 201, carried out a water distribution retail business with the same contents as the previous trade name “H” as “H” by transferring the business facilities, etc. previously used from the Incheon Bupyeong-gu G and the first floor, which are located within the instant project district.
On December 1, 2016, the Incheon Metropolitan City Regional Land Tribunal set the amount of compensation for the relocation of obstacles to the defendant as KRW 8,310,000 upon the plaintiff's application for the adjudication of expropriation, and made a ruling of expropriation on January 25, 2017.
On June 22, 2017, the Defendant filed an objection with the Central Land Expropriation Committee by asserting that its retail business constitutes the subject of compensation for business losses. On June 22, 2017, the Central Land Expropriation Committee rendered a ruling that the Defendant’s retail business constituted the subject of compensation for business losses and the amount of compensation for the transfer of obstacles to the Defendant was set at KRW 32,825,00 in total.
[Grounds for recognition] The entry of Gap evidence Nos. 1, 2, 4, 6, and 8, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s compensation for business losses is for the business continuously conducted from the date of the public announcement of the authorization to engage in the business to the date of the adjudication of expropriation, and the Defendant closed down the business on October 30, 201 and closes down the business after several months.