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(영문) 수원지방법원 2016.05.26 2015구합2865

영업보상금 등

Text

1. The Defendant: KRW 3,195,294 for each of the Plaintiffs, and KRW 5% per annum from October 6, 2015 to May 26, 2016, respectively.

Reasons

1. Facts of recognition;

A. Business approval and announcement 1) The Minister of Construction and Transportation, on June 26, 2006, shall include Cro Doz (hereinafter “instant site”) as a public announcement of the Ministry of Construction and Transportation.

(F) the national rental housing complex development project (F; hereinafter referred to as the “instant project”) in Seongbuk-gu, Sungnam-si, including Sungnam-si E

(2) The Defendant’s development plan to be designated as the project implementer and the Defendant’s project implementer approved and publicly notified (hereinafter “instant project approval notice”).

(2) On May 7, 2010, the Minister of Land, Transport and Maritime Affairs designated and publicly announced a housing site development zone as a Bogeumjari housing zone pursuant to Article 48(1) of the former Special Act on the Construction, etc. of Bogeumjari Housing (amended by Act No. 12251, Jan. 14, 2014) and the approval and public notification of the said housing site development plan was made pursuant to Article 48(2) of the same Act on June 26, 2006.

B. On October 20, 2006, the Defendant issued a public notice of the Defendant’s compensation plan and guidance on living measures. 1) On October 20, 2006, the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “Act on Acquisition of and Compensation for Land, etc. for Public Works Projects”).

(2) On February 2, 2008, the Defendant first announced a compensation plan pursuant to Article 15, and then, around February 2, 2008, notified the residents in the instant project in the instant project, of the criteria for the selection and supply of subjects by type of supplier, the criteria for determining measures for relocation measures and living conditions, and the period for application (from February 26, 2008 to March 31, 2008) and the place for application (F District Compensation Office). The instant notice concerns the “type 2. Commercial Building Site for Living Countermeasures” (hereinafter referred to as “living countermeasure site”).