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(영문) 인천지방법원 2016.06.30 2016구합50659
수용재결신청청구거부처분취소 등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. The Plaintiff’s representative director C owned the land for factory B 1,613.6 square meters (hereinafter “instant land”) at Kimpo-si, and the Plaintiff is a corporation whose principal office is the instant land.

B. The Defendants obtained approval of industrial complex plans regarding D development projects pursuant to Article 15(1) of the Act on Special Cases Concerning the Simplification of Authorization Procedures for Industrial Complexes [the Gyeonggi-do Public Notice E, Gyeonggi-do Public Notice F ( September 10, 2013), Gyeonggi-do Public Notice G ( June 5, 2014), Gyeonggi-do Public Notice H (Road 17, 2014)], and the instant land is included in the said industrial complex site.

C. The Defendants consulted with C, the owner of the instant land and the Plaintiff’s representative director, but did not reach an agreement, filed an application for adjudication, and the Gyeonggi-do Regional Land Expropriation Committee decided on August 31, 2015 that the commencement date of expropriation was October 15, 2015, which included the following matters:

2. The parties' assertion

A. The owner’s opinion (3) B and C presented the opinion that ① compensation is low compared to the neighboring market price in order to relocate, ② the opinion that the cost of transfer of obstacles falls short of the standards and the building is omitted, ③ the owner of the Dispute Resolution Co., Ltd., and ③ the owner of the Dispute Resolution Co., Ltd, who has operated the manufacturing business in a normal manner with the location of the place of business.

B. Regarding the opinion of the project operator (3) regarding the opinion, the land compensation law and Article 77 of the Land Compensation Law and Article 45 of the Enforcement Rule of the same Act are not subject to compensation for business losses, such as the owner's failure to have any physical facilities and to continue to conduct the business activities.

3. According to the provisions of Article 77 of the Land Compensation Act and Article 45 of the Enforcement Rule of the same Act, a business subject to compensation for operating losses shall be equipped with human and physical facilities at a legitimate place prior to the date of the public announcement of the project.

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