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(영문) 인천지방법원 2017.12.21 2016구합52075
보상금 증액 청구의 소(전불)
Text

1. Of the instant lawsuit against the Defendants, the case pertaining to the preservation of the business facilities indicated in the [Attachment 1] of this Court is for the preservation of evidence.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B housing site development project - Public notice: Defendants: C, D, E, and F notified by the Ministry of Land, Transport and Maritime Affairs;

B. The Central Land Tribunal’s ruling of expropriation on March 24, 2016 (hereinafter “instant ruling”) - Items to be expropriated and general business in H companies located in Seo-gu Incheon Metropolitan City (hereinafter “factory of this case”): The date of commencement of expropriation: May 17, 2016 - Compensation for losses: 384,594,960 won - An appraisal corporation: (main appraisal corporation; hereinafter “Appraisal Corporation”) - Each of the appraisal corporations, including (main appraisal corporation; hereinafter referred to as “each of the instant judgments”), including (main appraisal corporation”) 1-2, and 5, without dispute, 3, and 5 (including numbers; hereinafter the same shall apply), and the purport of the entire pleadings.

2. Whether the part concerning claim for compensation for business losses related to business facilities listed in attached Form 1 among the instant lawsuit is legitimate: Ex officio determination

A. Article 77(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the summary of the Plaintiff’s assertion (hereinafter “Land Compensation Act”) provides that “The business losses incurred by the discontinuation or suspension of business shall be compensated in consideration of the business profits, expenses incurred in relocating facilities, etc.,” and Article 77(4) of the same Act provides that “The detailed methods of calculating and assessing the amount of compensation under the provisions of paragraphs (1) through (3) and the criteria for compensation shall

Article 45 of the Enforcement Rule of the Land Compensation Act provides that "any business operator shall compensate for losses of business, etc. which has human and physical facilities installed in a legitimate place prior to the date of the public announcement of the project approval pursuant to Article 77 (1) of the Act" and Article 47 (1) of the Enforcement Rule of the Land Compensation Act provides that "any losses of business where a business place should be relocated due to the implementation of public works shall be appraised by adding the following expenses to the operating profits

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