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(영문) 서울행정법원 2016.10.07 2016구합3185
손실보상금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Business title - Business name: B Highway Corporation (hereinafter referred to as “instant project”): A public announcement of project approval and alteration announcement: The Ministry of Land, Transport and Maritime Affairs published on March 19, 2010 C, and the Ministry of Land, Transport and Maritime Affairs published on April 21, 2015, and the Seoul Regional Construction and Management Administration:

(b) The Central Land Committee's adjudication on expropriation on October 22, 2015 - The area subject to expropriation shall be the area of the ground obstacles on land E in overcheon-si: the date of commencement of expropriation: December 15, 2015 - The area of compensation for expropriation: 6,585,000 won: the appraisal corporation to the conflict of accounts and the vice governor of the appraisal corporation to the conflict of accounts;

C. Determination by the Central Land Tribunal on March 24, 2016 - Compensation for expropriation: 6,875,050 won: An appraisal corporation: a dialogue appraisal corporation and vice governor, the appraisal corporation and the appraisal corporation, the date of the resolution of the resolution of the conflict of disputes - The claim for business loss compensation portion shall be dismissed [applicable to recognition], there is no dispute, Gap evidence 1 through 3, and Eul evidence 1 through 3, and the purport of the whole pleadings and arguments.

2. The compensation determined in the adjudication of expropriation and the adjudication of objection for the obstacles owned by the Plaintiff due to the Plaintiff’s assertion on the instant project not only does not reach a legitimate compensation, but also, the Plaintiff operated the Institute for about 10 years on the land subject to expropriation. As such, the Plaintiff should be recognized as compensation for business losses.

Therefore, the defendant should pay to the plaintiffs increased compensation as stated in the purport of the claim.

3. 관계 법령 ▣ 공익사업을 위한 토지 등의 취득 및 보상에 관한 법률 제77조(영업의 손실 등에 대한 보상) ① 영업을 폐지하거나 휴업함에 따른 영업손실에 대하여는 영업이익과 시설의 이전비용 등을 고려하여 보상하여야 한다.

(4) Matters concerning the detailed methods of calculation and evaluation of compensation amounts under paragraphs (1) through (3) and criteria for compensation, and standards for recognition of actual farmers under paragraph (2) shall be prescribed by Ordinance of the Ministry of

▣ 공익사업을 위한 토지 등의 취득 및 보상에 관한 법률 시행규칙...

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