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(영문) 서울고등법원 2017.12.28 2016누59753

손실보상금증액청구

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name - Blue Blue coal2 district housing development project (hereinafter “instant project”): Public notice by the Ministry of Land, Transport and Maritime Affairs No. 2008-308 - Project operator: Defendant;

B. 1) The Plaintiff’s application for the relocation of the Plaintiff’s factory in the instant project site is about 4,103 square meters (hereinafter “instant land”) around 506-1 and 17 square meters of land in the Dongcheon-si, Dongcheon-si, dong-si and the Plaintiff’s project site.

(2) In the first instance, the factory producing various industrial gases, such as nitrogen, etc. (hereinafter referred to as the “instant factory”).

(2) On February 20, 208, the Plaintiff filed an application for the maintenance of a new site necessary for the maintenance of the factory of this case with the Defendant on April 29, 2010. However, on December 20, 201, the Plaintiff filed an application for the relocation of a factory with the purport that the location of the factory of this case would lead to the construction of a new city with a pleasant relocation, and that the relocation would contribute to the maintenance of a new city.

3) On April 20, 201, the Defendant decided to maintain the factory of this case after internal review of the following: “When cancelling the retention of the factory of this case, the effect of improving the residential environment of neighboring multi-family housing and detached housing areas and relaxing the occurrence of civil petitions, and the possibility of removing various problems, such as the need for reconstruction after relocation to Samsung Electronic Gas Supply Center at the time of the implementation and maintenance of the construction work (the occurrence of interference with the construction of a complex following the removal, etc. after the establishment of various supply pipes, such as industrial water, electricity, gas, etc. at the time of the maintenance of facilities) and additional requirements for compensation, but it is anticipated that the sale of the original site for support facilities by changing the use of support facilities would not significantly affect the overall feasibility.”