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(영문) 의정부지방법원 2015.01.13 2014구합7942

수용재결취소등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Approval and public notice of a project - Housing site development project: Housing site development project (section 3 district 2; hereinafter referred to as “instant project”): Public notice: Defendant: No. 2008-830, Apr. 5, 2012, public notice of the Ministry of Land, Transport and Maritime Affairs No. 2012-172, Apr. 24, 2012, public notice of the Ministry of Land, Transport and Maritime Affairs No. 2012-929, Dec. 24, 2012

B. The Central Land Tribunal’s ruling on expropriation on May 23, 2013 - Business of “Cmp-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

C. The Central Land Tribunal’s ruling on April 17, 2014 – The Plaintiff’s filing of an objection seeking compensation for the closure of business operation of the instant business, along with an increase in compensation for losses, - The Plaintiff’s claim for compensation for closure of business operation is not accepted, but the compensation for losses (i.e., KRW 15,782,00,000 (i.e., KRW 13,70,000,000 for the transfer of the instant obstacles: the fact that there is no dispute over the ground for recognition: evidence A; evidence Nos. 1, 2-1, 2-1, 2-1, and 2; and the purport of the entire pleadings)

2. The plaintiff's assertion and judgment

A. Article 46(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for the Plaintiff’s alleged public project (hereinafter “Enforcement Rule of the Land Compensation Act”) provides for “where the pertinent business cannot be conducted by moving the relevant business to a Si/Gun/Gu or another place within a Si/Gun/Gu where the relevant business place is located due to the peculiarity of the relevant business place” (Article 1) and “where the pertinent business cannot be permitted at another place within a Si/Gun/Gu where the relevant business place is located or within a neighboring Si/Gun/Gu where the relevant Si/Gun/Gu or adjacent Si/Gun/Gu where the relevant business place is located” (Article 2(2)). However, the instant business is operated only within the area of U.S. and is different.