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(영문) 의정부지방법원 2015.08.18 2014구합2411
영업권보상금
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. The Plaintiff is a person who, from January 10, 206, conducts real estate brokerage business in the name of “C” in the name of “C,” and the Defendant is a project operator of the housing site development project (D).

B. The Plaintiff asserted that the Defendant had been engaged in real estate brokerage in the instant business place within the instant business district, and claimed compensation for obstacles and operating losses, and did not reach an agreement with the Defendant, the Defendant filed an application for adjudication with the Central Land Expropriation Committee.

C. On December 19, 2013, the Central Land Tribunal dismissed the Plaintiff’s claim for compensation for the Plaintiff’s business losses, and required to pay compensation for obstacles, such as signboards, snacking, flooring, and partitions. However, the Plaintiff is dissatisfied with the said adjudication and filed an objection with the Central Land Tribunal.

On September 25, 2014, the Central Land Tribunal dismissed the Plaintiff’s objection to the compensation for business losses, and rendered a ruling on the compensation amount of KRW 2,892,00 for the obstacles in this case.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3-1, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is that since from January 10, 2006, before the date of the public announcement of the project approval of this case, the plaintiff lawfully operated the real estate brokerage business from January 10, 2006, the plaintiff is obligated to pay 10,000,000 won as compensation for business losses to the plaintiff.

B. Article 77(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that business losses incurred by the discontinuation or suspension of business shall be compensated by considering business profits and expenses incurred in the transfer of facilities. Article 47(1) of the Enforcement Rule of the Land Compensation Act provides that business losses shall be compensated by considering business profits and expenses incurred in the transfer of facilities. The business losses in cases where business places should be relocated due to the implementation of public

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