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(영문) 서울행정법원 2017.10.20 2016구합84542

보상금증액 청구의 소

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) Project approval and public notice - Project name: Urban planning facility project (B Corporation; hereinafter referred to as “instant project”): Mayor of Seoul Special Metropolitan City - Project implementer: Public notice of the Seoul Special Metropolitan City public notice of the change of implementation plan C - Public notice of the change of implementation plan on May 2, 2013: D public notice of Seoul Special Metropolitan City on October 16, 2014, and public notice E of Seoul Special Metropolitan City on February 17, 2015

B. The Plaintiff’s business and construction of temporary buildings, etc. 1) The Plaintiff is a wholesale and retail business, etc. of construction civil engineering materials (hereinafter “instant business”) with the trade name “F” from November 20, 1983.

2) The Plaintiff reported to the head of Dobong-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Dobong-gu”) that a temporary building (hereinafter referred to as the “instant temporary building”) on the land outside G G and two lots.

On June 7, 2005, the head of Dobong-gu issued to the Plaintiff a certificate of completion of construction report on a temporary building as of December 31, 2005 for the retention period, and the Plaintiff constructed the temporary building at that time.

(A) The Plaintiff appears to have built the instant temporary building on the ground of H, I, and J land located near the land located in Dobong-gu Seoul Metropolitan Government, other than G and 2 lots. Since 3, the Plaintiff reported the extension of the retention period of the instant temporary building to the head of the business-gu office of Dobong-gu, which will have expired, and the head of Dobong-gu issued the Plaintiff a report completion certificate on the extension of the retention period of the instant temporary building to the Plaintiff.

On December 31, 2014, the expiration date of the extended retention period, the Plaintiff reported the extension of the period of temporary building existence to the head of Dobong-gu Office on November 6, 2014, but the head of Dobong-gu refused to issue the certificate of completion of report on the extension of the period of temporary building existence on the ground that the instant project is implemented on the land H, I, and J of Dobong-gu Seoul Metropolitan Government.

C. On February 26, 2016, the Seoul Special Metropolitan City Land Tribunal's decision on expropriation did not reach an agreement with the Plaintiff.