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(영문) 서울고등법원 2015.08.28 2014누63956

보상거부처분취소

Text

1. Of the instant lawsuits, the part concerning the claim for revocation of the application for rejection that was changed in exchange at this court.

Reasons

1. Facts that there is no dispute over the circumstances of the case (based on recognition), Gap 1, 2, 4 through 7 (including virtual numbers), Eul 4, 5, and the purport of the whole pleadings;

(a) Business approval and public announcement - A district urban development project (hereinafter referred to as “instant project”) with respect to subordinate regional pending projects - No. 2012-457 of the Gyeonggi-do’s notification on December 31, 2012 - The location and size of the project execution area: The location and size of the project execution area - the project implementer - the defendant - the implementation period: the designation date of the urban development zone or the public announcement date of the announcement of the completion of the project (the scheduled date from around 2016)

B. The Plaintiff is the owner of an obstacle, such as a warehouse on the land, etc. (hereinafter “instant land”) and on the land, in the 399-6 large scale 17,605 square meters (hereinafter “instant land”) in Hanam-si, Seonam-si, Seonam-si, Seonam-si, the pertinent project incorporated into the instant project.

C. Since around September 1985, the instant obstacles were extended as part of the re-contained factory facilities installed according to the permission to engage in an act in a development-restricted zone (three years) in the subordinate market, the period was terminated on December 31, 199, and the subordinate market provided that the Plaintiff shall remove the obstacles on a total of six occasions from November 7, 2006 to January 2, 2014, but the Plaintiff did not implement this.

On March 29, 2013, the Defendant publicly announced a compensation plan for land, etc. included in the instant project (afterward procedure: calculation of compensation for appraisal: consultation on compensation for losses, adjudication on expropriation, payment of adjudication or deposit), and a written objection to the owners of land, goods, etc., within the perusal period if they raise an objection after perusal of the land and goods protocol. The subject of appraisal is only included in the instant land, but does not include obstacles.

E. A written statement to the effect that “the instant obstacles are included in the subject of appraisal and assessment as a whole with the instant land” to the Defendant remaining twice on December 6, 2013 and January 10, 2014.

Although there was an agency, the defendant did not constitute an object of compensation because the obstacles of this case on January 17, 2014 were to be voluntarily removed by the plaintiff.