1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is implementing the instant project in accordance with the public notice of approval of the Gyeonggi-do Industrial Complex Plan published on October 15, 2015 with respect to the E project, the project implementation district of which is 1,345,021 square meters in Pyeongtaek-si Bri, Cri, and Dri Unit (hereinafter “instant project”).

B. The Plaintiff: (a) partially leased a building located in Pyeongtaek-si project district of this case (hereinafter “instant building”); (b) operated plastic manufacturers; (c) was temporarily closed from December 2016 due to the implementation of the instant project, and (d) claimed compensation for operating losses against the Defendant on the ground that it was closed from December 2016; but (b) the Defendant rejected the Plaintiff’s claim for compensation for business loss.

C. On May 12, 2017, the Plaintiff applied for adjudication seeking compensation for business losses to the Gyeonggi-do Regional Land Tribunal, but the Gyeonggi-do Local Land Tribunal dismissed the Plaintiff’s application for adjudication on December 26, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The gist of the Plaintiff’s assertion was from August 15, 2015, prior to the public announcement date of the instant project approval, to run a plastic manufacturer in the instant building from around August 15, 2015. However, since the implementation of the instant project was suspended from business from December 2016 due to the implementation thereof, the Defendant is obligated to pay the Plaintiff business loss amounting to KRW 36 million and delay damages pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Land Compensation Act”).

4. Whether the business is subject to compensation.

A. According to Article 77(1) and (4) of the Land Compensation Act, and Article 45 of the Enforcement Rule of the Land Compensation Act, a business subject to compensation for operating losses shall have human and physical facilities at a legitimate place prior to the date of the public announcement of the project.