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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of ruling;
(a) Business authorization and public notice - Business name: Road Project (BRoad Construction) - Project operator: Defendant - Public notice of project implementation authorization: Public notice of the Ministry of Land, Transport and Maritime Affairs on July 6, 201
(b) The Central Land Expropriation Committee’s ruling on expropriation on March 24, 2016 - The date of expropriation: May 17, 2016 - Compensation for agricultural loss - Compensation for agricultural loss - Compensation for agricultural loss - The amount of KRW 16,362,10 (=the area of farmland x the area of farmland x the annual farm household average per farm household unit per Do) / The fact that there is no dispute over the basis of recognition / The entries in subparagraphs 1 and 3, and the purport of the entire pleadings.
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff operated the “J” in the instant land, and cultivated and sold tobacco flowers and training. As such, the amount of compensation determined by the expropriation ruling regarding agricultural losses cannot be deemed as justifiable compensation, such as contrary to the market price compensation principle, and thus, the Plaintiff’s compensation should be paid based on the actual income.
As of July 6, 201, the date of announcement of authorization to implement the instant project: Value-added tax-free business operator’s gross income for two years on July 6, 201 (272,341,00 won [from July 6, 2009 to December 30, 2009: 42,721,000 won for household injury prepared by the Plaintiff in the course of farm operation; January 1, 201 to December 31, 2010: Value-added tax-free business operator’s income for 143,104,000 won; from January 1, 201 to July 5, 201: Value-added tax-free business operator’s income for 161,120,000 won; 86,516,000 won for the above household injury; and thus, the Plaintiff’s average annual income for 136,500 won for five years or more; 201,3705 won or more for five years.
Therefore, legitimate compensation for agricultural loss against the plaintiff = 135,075,200 per annual unit area.