재결신청거부처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 1, 2010, the Plaintiff entered into a lease agreement with B to lease C 908 square meters of a factory site in Yangju-si (the above land was divided into 102 square meters of a C factory site, 102 square meters of a D factory site, 595 square meters of a factory site, and 211 square meters of a E factory site on March 12, 2010, but the Plaintiff and B entered into a lease agreement with respect to the land before subdivision, and the Plaintiff entered into a lease agreement with respect to the land before subdivision as KRW 68 million of a lease deposit. From August 30, 2010, the Plaintiff is running plastic recycling business with the trade name “F” from the instant land.
B. On February 4, 2009, the two weeks market publicly announced a compensation plan for the G Road Packing Corporation (hereinafter “instant project”), and the Defendant concluded a purchase consultation with B on the above D land and the above E land and three parcels, and completed the registration of ownership transfer under the Defendant’s name on March 12, 2010. On June 7, 2010, the two weeks appraised the above C obstacles on the land (hereinafter “instant obstacles”).
B around October 2010, around October 2010, the Defendant confirmed that the obstacles in this case were their own ownership and prepared and delivered a letter of commitment to move the obstacles in this case within two months after the receipt of compensation.
C. Around March 16, 2010, the Defendant paid KRW 488,147,00 to B with the compensation for the above five parcels of land incorporated into the instant project, and around November 5, 2010, paid KRW 237,942,50 as the compensation for the instant obstacles.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-2, 3, Gap evidence 4, 5, 7, 10, Eul evidence 1 through 3, and the purport of the whole pleadings
2. On February 17, 2006, the Plaintiff asserted that he leased the instant land and its ground factory from B under the name of her husband, and installed necessary facilities, such as the valley, mination machine, powder powder, pipe, pipe, etc. on the ground, and operated F. The instant land was incorporated into the instant business, and thus it is no longer possible to operate the business. < Amended by Presidential Decree No. 25789, Oct. 8, 2014>