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(영문) 춘천지방법원 2019.07.02 2018구합51070
보상금증액 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of ruling;

A. Project approval and announcement 1) Project name: C Corporation (hereinafter “instant project”).

(2) A public announcement of project approval: D Public Notice in Chuncheon City ( September 30, 2016) (hereinafter “instant public announcement of project approval”) (hereinafter “instant public announcement of project approval”).

(b) Project operator: Chuncheon market; and

C. The subject of expropriation by the Gangwon-do Local Land Expropriation Committee ( October 13, 2017): Cheongcheon-si E (hereinafter “instant land”)

(A) the building and its ground buildings (hereinafter referred to as “instant building”).

(2) Commencement date of expropriation: November 14, 2017; the amount of compensation for loss (this is the same as the amount presented by the Defendant at the compensation consultation stage).

- Plaintiff B: 675,605,380 won (=land 432,098,230 won) - Plaintiff Company: 11,200,000 won for relocation of business facilities

D. The Plaintiffs filed an objection against the instant adjudication on expropriation. However, the Central Land Tribunal dismissed all of the Plaintiffs’ objections on April 26, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there is a provisional number, including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) since the plaintiff company had human and physical facilities and operated them within the business district from the date of the public announcement of the project approval of this case, the plaintiff company's business constitutes "business subject to compensation for business losses" under Article 45 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act").

Nevertheless, without any legal basis, the Defendant required additional requirements for “the necessity of suspension of business”, and recognized only the relocation cost of the business facility as the compensation amount on the premise that “the Plaintiff Company is unable to continue to conduct business by moving it to another place without suspending its business, and thus it is not subject to the compensation for

Therefore, the defendant against the plaintiff company's business loss.

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