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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 approval and public notice - Business name: Construction of roads (national map D) around the C District (hereinafter referred to as the “instant public works”) - Public notice: Gyeonggi-do public notice on July 16, 2009
(b) Project operator: Defendant;
C. Determination by the Central Land Tribunal - The Central Land Tribunal does not accept the Plaintiff’s claim seeking business loss compensation on April 27, 2012 for an obstacle (such as standing signboards and stone, etc.) owned by the Plaintiff on the ground of land B (hereinafter “instant land”) (hereinafter “instant land”) on the ground of the adjudication of expropriation on April 27, 2012 on the ground that the Plaintiff’s claim for business loss compensation is a business at an unauthorized temporary building (based on recognition). [The ground for recognition] without dispute
2. The assertion and judgment
A. On May 2004, the Plaintiff asserted that the Plaintiff was operating a stone retail business with the trade name “F” after leasing part of the instant land. Since it is possible to operate without building due to the characteristics of the stone retail business, it is unreasonable to exclude the Plaintiff’s business from the object of compensation solely on the ground that the Plaintiff used illegal temporary buildings, etc.
Therefore, the defendant is obligated to compensate for business losses suffered by the plaintiff.
(b) The details of the relevant statutes are as shown in the attached statutes.
(c) In principle, the construction of buildings or the installation of structures, which are not the relevant urban planning facilities, shall not be permitted for the ground, water surface, air, underwater or underground determined as the place where the urban planning facilities are installed, but with respect to the sites, etc. of the urban planning facilities for which the phased implementation plan has not been formulated, from among the urban planning facilities where the project concerning the installation of relevant facilities has not been implemented within two years from the date of the announcement of the determination of the urban planning facilities,
In this regard, it is proved that the plaintiff was permitted to build temporary buildings.