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(영문) 수원지방법원 2014.12.10 2014구합52214

영업보상금등

Text

1. The Defendant: (a) KRW 5,877,582 to Plaintiff A, KRW 3,195,294 to Plaintiff B, and KRW 3,627,645 to Plaintiff C and D, respectively, and each of the said money.

Reasons

1. Basic facts

A. On June 26, 2006, the Minister of Construction and Transportation (hereinafter “instant project approval announcement”) designated a single unit, including Sungnam-gu, Sungnam-si, including Gter (hereinafter “instant site”) as a planned area for a national rental housing complex development project (hereinafter “instant project approval announcement”) and approved the development plan to which the Defendant was the project implementer and publicly notified (hereinafter “instant project approval announcement”).

In addition, on May 7, 2010, the Minister of Land, Transport and Maritime Affairs designated and announced the housing site development zone as a Bogeumjari Housing Zone pursuant to Article 48 (1) of the Special Act on the Construction of Bogeumjari Housing, etc., and the approval and announcement of the housing site development plan was made pursuant to Article 48 (2) of the Special Act on June 26, 2006.

B. The defendant's public announcement of the compensation plan and guidance on living measures 1) the defendant on October 20, 2006 under the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665, Oct. 17, 2007; hereinafter "former Public Works Act").

A) The first public notice of a compensation plan pursuant to Article 15 was made on February 2008, and around February 2, 2008, the notice was given to the residents in the project zone with the title of “A notice on the relocation of the I National Rental Housing Complex Development Project, etc.” to provide guidance on the criteria for the selection and supply of each type of supplier, criteria for determination of measures to cope with relocation measures. 2) As to the “living-type commercial site site” (hereinafter “living-type site”) from the base date to the date of the first public notice of a compensation plan, the notice states that “the business (including free business without the need for permission, etc.) is subject to compensation for suspension of the business (including the free business without permission, etc.).”

C. Plaintiff A, B, and J (hereinafter “Plaintiff A”)’s business operations and compensation 1) Plaintiff A, B, and J (hereinafter “Plaintiff A, etc.”).

No later than the date of the public notice of the project approval of this case.