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(영문) 인천지방법원 2018.11.22 2018구합702
기타(일반행정)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, on February 3, 2009, completed the establishment registration on February 5, 2009 after obtaining authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Bupyeong-gu, for the establishment of a housing redevelopment project with the land of 219,328 square meters in Bupyeong-gu, Incheon Metropolitan City as a project implementation district (hereinafter “instant project”). On June 4, 2010, the Defendant approved and publicly notified the implementation of the instant project on June 4, 2010.

The Plaintiff owned land, ground buildings, and E located within the zone where the instant project was implemented. F, the Plaintiff’s spouse, owned land, building, etc. located within the Bupyeong-gu Incheon Bupyeong-gu G land and ground buildings located within the zone where the instant project was implemented.

F is a couple who is a couple of one household and a member representing the plaintiff and the F, and the defendant applied for parcelling-out to the defendant. On July 13, 2016, the head of Bupyeong-gu Incheon Metropolitan City authorizing and publicly notifying the management and disposal plan for the project of this case by the defendant.

The Plaintiff, from November 26, 2003, operated the business of selling construction materials, retail business, etc. (hereinafter “instant business”) with the trade name called “H” from the above Bupyeong-gu G ground building in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

On July 14, 2017, according to the defendant's application for adjudication, the Incheon Metropolitan City Regional Land Tribunal made a ruling of expropriation of the business facilities of this case on July 14, 2017, and determined compensation for losses for the business of this case, and the Central Land Tribunal made a ruling on March 22, 2018, on which the compensation for losses for the business of this case was determined as KRW 27,627,400.

[Grounds for recognition] The entry of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion of objection set too low compensation for losses for the instant business, and the Plaintiff constructed a building 39.18 square meters on the land located in Bupyeong-gu Incheon Metropolitan City and its neighboring land located within the zone where the instant business was implemented, and used as a material storage for the instant business.

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