1. The part of the Plaintiff B’s claim for compensation of KRW 1,121,00 for the vehicle transport equipment among the instant lawsuit shall be dismissed.

2...

1. Basic facts

A. The defendant is a project operator of the housing site development project (C, the Ministry of Land, Transport and Maritime Affairs announced D February 6, 2009).

B. The Defendant filed an application for adjudication of expropriation with the Central Land Expropriation Committee, as it did not reach an agreement on the obstacles on the ground level (hereinafter “instant obstacles”) in Seo-gu, Incheon (Plaintiff A), F (Plaintiff B), which are owned by the Plaintiffs.

C. On March 20, 2014, the Central Land Tribunal rendered a ruling on May 13, 2014 to determine the commencement date of expropriation as KRW 75,653,430, totaling the compensation for obstacles and business losses to Plaintiff A, and KRW 125,372,020, totaling the compensation for obstacles and business losses to Plaintiff B.

(hereinafter referred to as “instant acceptance ruling”). [Grounds for recognition] Gap’s 1 through 5, Eul’s 1, and the purport of the whole pleadings

2. Whether the part of the Plaintiff B’s claim for additional damages for vehicle transport equipment is legitimate

A. Plaintiff B’s assertion that the vehicle transport equipment possessed at the time of the instant decision on expropriation was omitted (one vehicle for possession, one vehicle for heavy-type, one vehicle for heavy-type, two vehicle for heavy-type, and one vehicle for small-type freight) and sought compensation equivalent to KRW 1,121,000 for the transfer cost to the said vehicle transport equipment.

B. In order to receive compensation from a project operator for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), it is reasonable to deem that the said project operator is not allowed to immediately file a claim for compensation for losses with the project operator without following the procedure for the adjudication under Articles 83 through 85 of the Land Compensation Act only when he/she objects to the adjudication after going through the procedure for the adjudication under the Land Compensation Act.

(see, e.g., Supreme Court Decision 2010Du26551, Aug. 25, 201). According to the respective descriptions of Evidence Nos. 3 and 5, and Evidence Nos. 2 (including the serial number), the above vehicle transport equipment is subject to the instant adjudication on expropriation.