1. The plaintiff's claim is dismissed.

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

1. Details of ruling;

A. The Plaintiff is the owner of the land B (hereinafter “instant land”) and the building on its ground (hereinafter “instant building”) in the eseong City, and the Defendant is the project implementer of the industrial complex development project (C and hereinafter “instant project”).

B. While the Defendant, while implementing the instant project, accepted the instant land and buildings and paid the Plaintiff the compensation, the Defendant did not make business compensation for the retail store operated by the Plaintiff prior to the implementation of the said project (hereinafter “instant retail store”).

C. On September 4, 2013, upon the Plaintiff’s request, the Defendant filed an application for adjudication on the instant retail store’s business compensation. On July 17, 2014, the Central Land Tribunal rendered a decision to dismiss the application on the ground that the Plaintiff’s operation of the said retail store in the building extended without permission, rather than the instant building, on the ground that the said retail store is not subject to business compensation.

[Ground of recognition] Facts without dispute, Gap evidence 7, 8, Eul evidence 1 to 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff operated retail stores of this case in the kitchen part of the building of this case, not the building extended without permission, and even if not, since the portion of the above unauthorized extension was extended before January 24, 1989, the defendant is obligated to pay the business compensation for the above retail store to the plaintiff.

(b) Entry in the attached statutes of the relevant statutes;

C. 1) Determination of whether a legitimate place of business has been operated is the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

According to Article 77(1) and (4) of this Act and Article 45 of the Enforcement Rule of the Land Compensation Act, a legitimate place (unauthorized buildings, etc., illegal form or quality change land, and other Acts and subordinate statutes) prior to the date of project approval, etc.