1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion was incorporated into “BRoad Construction Works” and the land and the ground buildings located in Chuncheon City. The Plaintiff purchased the existing business facilities from D, the owner of the above land and the above ground buildings (Ecafeteria) in KRW 15 million. As such, the Defendant shall compensate the Plaintiff for the amount of KRW 15 million equivalent to the amount of the investment in the facilities as business compensation pursuant to Articles 68 and 77 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

2. Whether the lawsuit of this case is lawful

A. In full view of the contents and legislative purport of Article 77(1) and (4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), Articles 45, 46, and 47 of the Enforcement Rule of the Land Compensation Act, and Articles 26, 28, 30, 34, 50, 61, and 83 through 85 of the Land Compensation Act, it is not allowed to claim compensation for losses against the project operator immediately without undergoing the adjudication procedure (see, e.g., Supreme Court Decision 203Du1636, Nov. 2, 2015).

In the instant case, the Plaintiff’s failure to undergo the adjudication procedure under the Land Compensation Act with the Defendant does not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings. As such, the instant lawsuit is unlawful as it seeks compensation against the project operator immediately without going through the adjudication procedure.

3. As such, the instant lawsuit is unlawful.