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(영문) 수원지방법원 2014.10.23 2013구합10053
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Housing site development project (B Area 4-1) - Project operator: Defendant - Defendant - Public notice by the Ministry of Land, Transport and Maritime Affairs on May 30, 2008, and public notice by the Ministry of Land, Transport and Maritime Affairs on November 29, 2010, and public notice by the Ministry of Land, Transport and Maritime Affairs on January 3, 2012

B. The Central Land Tribunal’s ruling of expropriation on January 18, 2013 (hereinafter “adjudication of expropriation”) - Compensation for suspension of work for obstacles, such as septic tanks located in Pyeongtaek-si F, and for suspension of work for the above above ground be compensated for: Compensation for suspension of work 803,560,400 won for the above obstacles, and compensation for suspension of work 182,00,000 won for suspension of work for three months in the above obstacles - The date of commencement of expropriation: An appraisal corporation on March 13, 2013 - The Korea Appraisal Corporation (based on recognition), a new appraisal corporation, a Korean Appraisal Board (based on recognition), a statement of evidence No. 1, a statement of evidence No. 1-1, 2-2, and the purport of the entire pleadings as a whole.

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s assertion 1) The Plaintiff’s heads of money operated are unable to move to another area due to the opposition of the residents, etc., so compensation for closure of business ought to be made. (2) Even if compensation for closure of business is not granted, it is difficult for both money business to color a new site within three months due to unique characteristics, and to construct and relocate the same facilities as the present. Therefore, compensation for suspension of business should be calculated based on the court’s appraisal as of November 7.

B. It is as stated in the attached Form of the relevant statutes.

C. Judgment on the first argument 1) “Act on Acquisition of and Compensation for Land, etc. for Public Works Projects” (hereinafter “Public Works Act”)

In full view of Article 7(1) of this Act and Article 46 of the Enforcement Rule of the Public Works Act, the criteria for distinguishing whether a business loss compensation is deemed to be a discontinuance of business or a business suspension, shall be the location of the business.

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