1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant approved and announced a housing site development plan on August 23, 2013 (Public Notice of the Ministry of Land, Infrastructure and Transport B), and is a public housing project operator who implements a public housing project (hereinafter “instant project”) converted into and announced to a public housing zone on January 23, 2014, and the Plaintiff is a person who completed the business registration of the land erosion and landscaping construction project with the trade name “F” (hereinafter “instant land”).

B. The Defendant consulted with the owner, etc. to acquire land to be incorporated in the instant project, but did not reach an agreement, applied for adjudication to the Central Land Expropriation Committee.

As to the application for the above ruling, G, the spouse of the plaintiff, argued that he had conducted business such as flower cultivation in the land of this case, and presented an opinion to compensate for business losses.

On September 29, 2016, the Central Land Tribunal rendered a ruling to expropriate land incorporated into the instant project (hereinafter “instant ruling to expropriate”) and rejected the G’s claim to compensate for business losses on the ground that it is not a legitimate place of business.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including various numbers for each type of evidence), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiff asserts that the plaintiff is obligated to move the place of business as half of the above plastic facilities are incorporated into the business area of this case. Thus, the defendant is obligated to pay compensation for business losses to the plaintiff. The plaintiff is obligated to pay half of the above plastic facilities to the plaintiff.

The defendant shall file the lawsuit of this case on the acquisition of land, etc. for public works and the compensation therefor.