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(영문) 대구지방법원 2020.02.19 2019구합23366
토지수용재결처분 취소 등 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The project approval process and the name of the public announcement of the project approval: The public announcement of the project approval of the industrial complex development project (B (4th; hereinafter referred to as the "project in this case"): D project operator on November 9, 2017, and the public announcement of the project approval on Jun. 21, 2018: the defendant's project operator notified D project owner on Jun. 21, 2018: Kimcheon-si, Kimcheon-si, incorporated into the project site of the plaintiff's business in this case, for the operation of the livestock shed (344 U.S., hereinafter referred to as the "the livestock shed in this case"): the date of expropriation of the part of the plaintiff's business compensation (hereinafter referred to as the "approval ruling in this case") on Apr. 24, 2019: Compensation for losses on June 12, 2019: 194,241,000 won for the livestock shed in this case.

【In the absence of dispute, the Plaintiff’s assertion of the purport of Gap’s evidence No. 1, the entire pleading, and the Plaintiff’s assertion of the judgment, paid compensation for suspension of work to the livestock shed of this case on the premise that it is possible for the Plaintiff to continue its business by relocating the livestock shed of this case. However, it is difficult to seek a large-scale site necessary to move the livestock shed of this case due to the expansion of the area where livestock raising restriction was restricted, and even if it is sought, it is difficult to obtain a construction permit due to the neighboring residents’ opposition.

Therefore, the defendant should pay 278,033,040 won to the plaintiff for the closure of the livestock shed of this case.

Article 46 (2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Land Compensation Act") shall refer to the Si/Gun/Gu autonomous Gu in which the relevant place of business is located due to the characteristics of the place of business or the hinterland of the relevant place of business.

(c).

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