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(영문) 부산고등법원 2016.05.13 2015누24369
토지수용재결처분취소 등 청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Details of the disposition;

A. On June 1, 2005, the Plaintiff started business and registered the place of use of construction machinery equipment, such as the air compresseders owned by the Plaintiff, as the above place of business, under the trade name of Ulsan-gu C where the location of Ulsan-gu C was D.

On the other hand, the Plaintiff filed an application for the location or the subordinate location of the building site of Ulsan-gu B (hereinafter “instant land”) at the time of the said business registration, and even thereafter, it is true.

B. On April 17, 2014, the Defendant publicly announced the instant project implementation plan as the executor of the “project” (hereinafter “instant project”).

In addition, the land of this case owned by G was subject to the incorporation of the project of this case, and on the land of this case, "the building of this case" is "the building of this case without permission."

This building has been constructed.

C. In the process of acquiring land, obstacles, etc. to be incorporated in the instant business, the Defendant did not compensate for business losses on the ground that the location of business registration and the actual place of business are different.

The plaintiff around August 2014, the location of the plaintiff's location was Ulsan-gu C, but in fact, the plaintiff leased the land of this case and the building of this case, which is its ground, and "the construction machinery leasing business" is "the business of this case" at that place.

The plaintiff asserted that he did not pay compensation for the loss of the business of this case and raised an objection to the claim.

However, on August 27, 2014, the Defendant responded to the purport that the place of business claimed by the Plaintiff is not subject to business loss compensation.

E. Following the Defendant’s application for adjudication on expropriation, the Central Land Expropriation Committee (hereinafter referred to as the “Committee”) is called:

On March 26, 2015, the Plaintiff rendered a ruling of expropriation on the land subject to incorporation into the instant project. The Plaintiff’s claim for compensation for losses incurred to the instant project.

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