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(영문) 수원지방법원 2016.01.21 2014구합52351
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. On June 3, 2009, the Minister of Land, Transport and Maritime Affairs designated and announced as a F Bogeumjari Housing District (hereinafter “instant project district”) the area of which is 5,466,00 square meters in Sunam-si, C, D, and E. The Defendant is the project implementer of the Bogeumjari Housing Project in force in the said project district (hereinafter “instant project”).

B. On March 10, 2014, the Plaintiff filed an application with the Defendant for the payment of business compensation and the supply of the cost of living countermeasures by asserting that “I” had been engaged in wholesale business in the subordinate city G or H located in the instant project district. However, on March 17, 2014, the Defendant respondeded that “the Plaintiff may not pay business compensation or supply the cost of living countermeasures to the Plaintiff, as it was not only an unauthorized structure such as container, but also an unauthorized structure such as the place of business.”

C. On August 20, 2015, the Central Land Tribunal deliberated upon the Defendant’s application upon whether the Defendant is obligated to pay business compensation to the Plaintiff upon the Plaintiff’s application, and the Central Land Tribunal rendered a ruling with the effect that “the Plaintiff is not obligated to pay business compensation to the Plaintiff, since it engaged in fishery products wholesale business in an unauthorized temporary building from February 26, 2010, which was after the Plaintiff’s announcement of business authorization (the June 3, 2009).”

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2-6, Eul evidence 1-1, 3-7, and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Of the instant lawsuit, the part claiming the payment of business compensation among the instant lawsuit is brought without going through the adjudication procedure stipulated in the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”). Therefore, it is illegal and illegal, and the revocation of the application for the supply of the land for livelihood countermeasures among the instant lawsuit brought by combining business compensation claims.

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