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(영문) 의정부지방법원 2018.11.13 2018가단117364
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is running a parking lot business, etc. with a parking space of 300 parking spaces in the parking lot D in the government city near C.

B. Gyeonggi-do is promoting a project to create a plaza as an executor, and on February 28, 2018, the Council has authorized the implementation plan pursuant to Article 88 of the National Land Planning and Utilization Act and publicly notified it pursuant to Article 91 of the same Act.

The above plaza creation project also includes the C plaza underground parking lot construction project.

(hereinafter referred to as the “instant project”). 【Ground for recognition” written evidence Nos. 2 through 5, 4, and 5

2. The Plaintiff asserted that the Defendants closed the existing road and made it possible to use bypass access roads in order to create squares while carrying out the instant project and construction work accordingly.

As a result, entry to the plaintiff's land has become difficult, such as bypassing to the plaintiff's land.

In addition, while running the above business, the defendants have to implement the business through the consultation for the efficient use of the existing parking space, and the reasonable compensation and compensation for losses for neighboring residents and merchants, and the existing parking space.

Ultimately, the Defendants, while carrying out the instant project and construction, committed an error by inserting enormous budget without any consultation and measures despite the fact that the Defendants could minimize the Plaintiff’s damages sufficiently through securing access roads to ensure that the Plaintiff, who is operating the parking lot building for a long time, at least a huge business damage, and facilitating the Plaintiff’s use of the existing parking lot.

Accordingly, the plaintiff is seeking compensation for 80% of the parking space 300, because of the sudden decrease in the user and sales, etc., the plaintiff suffered enormous damages.

3. The summary of the Plaintiff’s allegation that the cause of the claim pertains to.

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