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(영문) 서울행정법원 2016.06.15 2015구합82280

손실보상금

Text

1. The defendant is a local Land Tribunal of Seoul Special Metropolitan City with regard to compensation for the business in the attached list of the plaintiff.

Reasons

1. Basic facts

(a) Business title - Business title - B Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): A project district: The Seoul Seo-gu Seoul Metropolitan Government public notice - on February 5, 2008, E, and the same public notice E on February 7, 2013, and the project implementation authorization date: June 24, 2009; the project implementer: the Defendant:

B. Since August 25, 2004, the Plaintiff has been running business in the business district of this case as shown in the attached Form.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The gist of the assertion is that the Plaintiff, who is in the position of business loss from the Defendant, did not reach an agreement on the business loss compensation with the Defendant, and requested the Defendant to file an application for adjudication with the Seoul Special Metropolitan City Regional Land Expropriation Committee from June 2013, the Defendant did not take any measures.

The Defendant’s act of not applying for adjudication against the Plaintiff’s claim to the local Land Tribunal of Seoul Special Metropolitan City is unlawful as it violates Article 30 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

3. When consultation yield no agreement after a public announcement of project approval has been made, any landowner and person concerned may request in writing any project operator to file an application for adjudication, as prescribed by Presidential Decree;

(2) A project operator in receipt of a request under paragraph (1) shall file an application for adjudication with the competent Land Tribunal within 60 days from the date he/she receives such request, as prescribed by Presidential Decree.

In such cases, Article 28 (2) shall apply mutatis mutandis to fees.

(1) Where a landowner or person concerned intends to request an application for adjudication pursuant to Article 30 (1) of the Act, Article 8 (1) of the Enforcement Decree of the Land Compensation Act.