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(영문) 수원지방법원 2018.09.18 2018구합65157

수용재결일부취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an association established to promote a housing redevelopment improvement project (A district housing redevelopment rearrangement project; hereinafter “instant project”) on a scale of 133,418 square meters in Ansan-si, Ansan-si, the Plaintiff was an association established to promote the housing redevelopment improvement project (hereinafter “instant project”). On September 22, 2015, the Ansan-si approved the instant project and announced it on September 22, 2015 and March 3, 2017.

(F) Notice E, Ansan-si, b.

B On August 28, 2015, during the period of Ansan-si, within the instant business area, purchased business rights from H who had been engaged in the real estate agent business (G Licensed Real Estate Agent Office) located in the Gu and D, and began business after registering the office of broker with the Gu office on December 4, 2015.

C. On July 31, 2017, the Plaintiff filed an application for adjudication against B in order to not reach an agreement with B on business compensation. On March 26, 2018, the Defendant rendered an adjudication on the business compensation and directors’ expenses KRW 28,90,00, and the date of commencement of expropriation as of May 10, 2018.

(hereinafter referred to as “instant expropriation ruling”). 【No dispute exists on the ground of recognition, Gap evidence Nos. 1 through 5, Eul evidence No. 3, and the purport of the whole pleadings.

2. Judgment on the Defendant’s defense prior to the merits

A. The Plaintiff’s assertion that B had been engaged in the business from September 2, 2015, which was after September 22, 2015, which was the date of the public notice of the authorization of the instant business, was the date of December 4, 2015, and thus did not meet the requirements for receiving business compensation. A licensed real estate agent business cannot succeed to the status of H in light of the fact that B cannot be transferred as a personal and continuous business, and even if B succeeded to H’s business, there is no provision that the business compensation should be paid to the successor in the relevant statutes. Thus, the instant adjudication of expropriation

B. The Defendant’s defense prior to the merits is practically related to the reduction of compensation, and it is necessary to file a lawsuit for an increase or decrease of compensation against B pursuant to Article 85(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).