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(영문) 인천지방법원 2015.04.09 2014구합32718
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a project implementer of the Nam-gu Incheon Metropolitan Government's Dong-dong and Yongsan-dong residential environment improvement project (the Incheon Metropolitan Government's Incheon Metropolitan City residential environment improvement project, December 31, 2007, No. 2007-112, hereinafter referred to as the "instant project").

B. The Plaintiff filed an application for business compensation against the Defendant on March 1, 201 with respect to the Plaintiff’s place of business located in Nam-gu Incheon Metropolitan City in the instant project district on March 1, 201. However, the Defendant did not comply with the Plaintiff’s business facilities on the ground that the Plaintiff did not exist, and the Central Land Tribunal rendered a ruling dismissing the Plaintiff’s application for business compensation on January 23, 2014.

C. The Plaintiff filed an objection against the said judgment, but the Central Land Tribunal dismissed the Plaintiff’s objection on June 19, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6, 9, and 10, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, from May 10, 202, the Plaintiff engaged in the wholesale business of feed in the name of “D” by leasing a place of business from “D,” from “Seoul-gu, Incheon-gu, and transferred the place of business to “Y,” on March 1, 201, the project district of this case, which was outside of the project district of this case, the Defendant claimed that the Plaintiff should compensate the Plaintiff for business losses and directors due to the business suspension due to the business suspension

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) Determination is based on the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”).

Article 45 subparagraph 1 of the Enforcement Rule of the Public Works Act pursuant to delegation of Article 77 (4) provides that "any business that has human and material facilities and continues to be operated at a legitimate place prior to the date of the project approval" shall be construed as "business that shall compensate for losses of business." Article 55 (2) of the Enforcement Rule of the Public Works Act delegated by Article 78 (9) of the Public Works Act shall be incorporated into a zone where public

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