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(영문) 수원지방법원 2016.01.27 2014구합50676
보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Housing site development project (N housing site development project; hereinafter “instant project”): The defendant

B. The Central Land Tribunal’s ruling of expropriation on November 21, 2013 - The Plaintiffs claimed a business compensation for the livestock industry in question as indicated in the attached Table 1 list (hereinafter “the livestock industry in this case”). However, the Plaintiffs were dismissed on the ground that the land in which the livestock industry in this case was operated is located within the development restriction zone, and that the land was not subject to the compensation for losses due to the lack of permission to install livestock industry facilities

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The assertion and judgment

A. Since the implementation of the project of this case alleged by the plaintiffs caused business damage to the livestock industry of this case, the defendant is obligated to pay reasonable business compensation to the plaintiffs.

B. The details of the relevant statutes are as shown in attached Form 2.

C. (1) Determination 1) Enforcement Rule of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 131, Oct. 22, 2014; hereinafter “Enforcement Rule of the former Land Compensation Act”).

Article 49 shall be excluded from Paragraph 1 of Article 45 and the latter part of Article 46 (3) and the latter of Article 47 (5).

Article 77 (1) of the former Enforcement Rule of the Land Compensation Act provides for the mutatis mutandis application of the provisions to the appraisal of losses to the livestock industry, and Article 45 of the former Enforcement Rule of the Land Compensation Act provides for the business that shall compensate for losses to the business under Article 77 (1) of the Act, such as an unauthorized building, etc., illegal land change, land form and quality change, and other Acts

A business that has human and physical facilities and continues to be operated by a tenant: Provided, That this shall not apply to a tenant in an unauthorized building, etc.

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