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(영문) 수원지방법원 2014.07.17 2012구합16825
토지수용재결취소등
Text

1. Of the lawsuit in this case, the part of the claim for business loss compensation against Defendant Korea Rural Community Corporation shall be dismissed.

2. Defendant.

Reasons

1. Details of ruling;

(a) Business approval and public announcement - Business name: A project to increase the bank of the reservoir for agriculture in the Yanan District (hereinafter referred to as the “instant project”): A public announcement made on December 20, 2010 (hereinafter referred to as the “first public notification”) and C public announcement made on August 10, 2012 (hereinafter referred to as the “second public notification”) - Project operator: Defendant

B. Adjudication on expropriation on October 29, 2012 (hereinafter “instant adjudication on expropriation”) - Land and obstacles listed in attached Table 1 (hereinafter “instant land and obstacles”): The starting date of expropriation: November 28, 2012 - Compensation amount: as listed in attached Table 1.

- An appraisal corporation: A state appraisal corporation, a new appraisal corporation in the future of a corporation (hereinafter referred to as "adjudication appraiser", and the result of the appraisal is referred to as "adjudication") / Without dispute; Gap evidence 1; Eul evidence 1; Eul evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply); and the purport of the whole pleadings.

2. On the premise that the Plaintiff, among the instant lawsuit, sought payment of KRW 80 million (=60 million of the average net profit per month x 20 million of the period of suspension x 3 months) from Defendant Rural Community Corporation on the premise that the Plaintiff was engaged in restaurant business in the name of “E” in the instant land, etc., the Plaintiff is entitled to ex officio to look at the legitimacy of the lawsuit on this part.

In full view of the following factors: (a) a person who closes or suspends his/her business due to public works, and the details and legislative intent of Articles 26, 28, 30, 34, 50, 61, 77(1) and (4), and 83 through 85 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor; and (b) Articles 45, 46, and 47 of the Enforcement Rule of the Public Works Act.

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