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(영문) 서울행정법원 2014.09.18 2013구합59248

이의재결처분취소

Text

1. The plaintiff's lawsuit against the local Land Tribunal of Seoul Special Metropolitan City shall be dismissed.

2. Defendant B.

Reasons

On June 1, 2008, the Plaintiff acquired from the head of Yangcheon-gu Seoul Metropolitan Government on April 10, 1981 a license for a liquefied petroleum gas sales business from C to KRW 50,000,00. The Plaintiff is running a liquefied petroleum gas sales business (hereinafter “instant business”) with the trade name “E” from Yangcheon-gu Seoul Metropolitan Government D from that time.

Approval and Public Notice of a project implementation plan - B housing redevelopment improvement project (hereinafter referred to as the "development project in this case") - Decision of expropriation on August 17, 2012 by the Central Land Tribunal of the Seoul Metropolitan Government (hereinafter referred to as the "Defendant Committee") Notification of Yangcheon-gu Seoul Metropolitan Government on May 20, 2010 - Compensation for business losses (the "transfer expenses" is stated in the written adjudication of expropriation, but this refers to compensation for losses incurred due to suspension of business), - An appraisal corporation on October 5, 2012 - one appraisal corporation, the Korea Appraisal Board (hereinafter referred to as the "Expropriation Appraisal Board") (hereinafter referred to as the "Expropriation Appraisal Board"), and the result of appraisal - The plaintiff requested the increase of compensation in accordance with the reality, but there is no ground for rejection / The plaintiff's appeal as to Gap's appeal No. 1, No. 21, No. 2000, No. 31, No. 2000, the plaintiff's defense as to the whole Gap's defense No. 1, No.

Therefore, pursuant to Article 85(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), the Plaintiff shall file a lawsuit against the project implementer.

Nevertheless, this part of the lawsuit seeking increase in compensation for losses against the defendant committee is unlawful as it is against a non-qualified person.

Judgment

The Plaintiff is the Defendant Committee.