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(영문) 인천지방법원 2015.06.25 2014구합32763
손실보상금
Text

1. The Defendant’s KRW 883,00 and the Plaintiff’s annual rate from March 19, 2014 to May 12, 2015.

Reasons

1. Basic facts

A. The defendant is a project operator of the housing site development project (No. 2009-51 announced by the Ministry of Land, Transport and Maritime Affairs on February 6, 2009).

B. The Plaintiff asserted that the Defendant had been operating business facilities in Seo-gu Incheon, Seo-gu in the instant business district, and applied for compensation for obstacles and business losses, but the Defendant did not comply with the compensation on the ground that there was no proof that the Plaintiff had operated business prior to the date of the public announcement of the business.

C. On January 23, 2014, the Central Land Tribunal dismissed the Plaintiff’s claim for compensation against the Plaintiff’s business losses, and rendered a ruling on the commencement date of expropriation to KRW 12,550,00 of the amount of compensation for the warehouse, warehouse, and fixtures (hereinafter “instant obstacles”). D.

The Plaintiff filed an objection against the above adjudication, but the Central Land Tribunal dismissed the objection against the compensation for business losses on September 25, 2014, and made a ruling to increase only the compensation amount to KRW 13,700,000 for the obstacles of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion was conducted prior to the date of the public announcement of the instant project approval, the Plaintiff did not compensate for business losses on different premise in the instant expropriation ruling and the instant objection ruling, and the Plaintiff did not properly compensate for the obstacles. Therefore, the Defendant should pay the Plaintiff the difference between the reasonable compensation for business losses and the instant obstacles and the compensation for losses as stipulated in the instant adjudication.

(b) Attached Form of relevant statutes;

C. 1) Determination 1) The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) as to whether the Plaintiff had run a business prior to the public announcement date of the project authorization

Article 45 of the Enforcement Rule of the Land Compensation Act following delegation under Article 77 (4).

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