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(영문) 수원지방법원 2020.11.26 2020구합65952
손실보상금증액청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of ruling;

(a) project approval and public notice - Housing redevelopment project (B) - Housing redevelopment improvement project in Ansan-si (B) - C public notice of Ansan-si on December 7, 2016, and D public notice of Ansan-si on October 20, 2017

B. The ruling of expropriation made by the Gyeonggi-do Regional Land Tribunal on November 26, 2018 - Business Compensation: laundry business in the name of “F” in the business located in the business located in Ansan-gu E in Ansan-gu: 34,700,000 (compensation for business suspension, relocation of facilities, etc.) - The starting date of expropriation: January 10, 2019.

The Central Land Tribunal’s ruling on an objection by September 26, 2019 - Contents of the ruling: Dismissal [Grounds for Recognition] A’s statement of evidence and the purport of entire pleadings

2. Judgment on the plaintiff's assertion

A. The main point of the Plaintiff’s assertion is that the previous laundry equipment was worn out while moving the place of business as above, and the purchase cost of the new laundry equipment was spent in KRW 20,000,000, thereby seeking an increase in compensation for losses.

B. Article 77(1) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 17453, Jun. 9, 2020) provides that “The business losses incurred by the discontinuation or suspension of business shall be compensated in consideration of the business profits and the transfer expenses of facilities, etc.” Article 47(1) of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that business losses shall be assessed by aggregating the operating profits and the transfer of the place of business, the amount of operating profits generated after the relocation of the place of business, the depreciation and maintenance expenses for the business assets during the suspension period, the maintenance expenses for the minimum number of persons who shall normally work during the suspension period, the expenses incurred by the transfer of business facilities, raw materials, products, and goods, and the

On the other hand, it is more reasonable amount of compensation than the amount of compensation determined by the ruling in the lawsuit for increase of compensation.

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