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(영문) 수원지방법원 2018.01.25 2017구합69633 (1)
계고처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer that implements a project for planned urban facilities (O project; hereinafter referred to as “instant public project”) that has been authorized and publicly notified pursuant to the relevant Acts and subordinate statutes (as of May 28, 2014), the M/M publicly notified at Sungnam City (as of May 30, 2016), and the N/M publicly notified at Sungnam City (as of June 7, 2016).

B. From March 10, 1996 to July 13, 2013, the date of the public works project approval prior to the date of the public works project approval of the instant case, the Plaintiffs leased the land in the instant public works zone, respectively, and installed obstacles, such as plastic houses, etc. (hereinafter referred to as “in the instant obstacles”) on the ground, and completed the business registration for the type of wholesale or retail business and run the said wholesale and retail business, respectively.

(hereinafter referred to as the above wholesale and retail business, hereinafter referred to as the “instant business”).

On July 31, 2017, the Gyeonggi-do Local Land Tribunal set the commencement date of expropriation as of September 14, 2017 and compensates for the loss equivalent to the transfer cost of the obstacles in this case, and made a ruling to dismiss the plaintiffs' claim for compensation for loss concerning the business of this case.

(hereinafter “instant acceptance ruling”) D.

On September 21, 2017, the Defendant rendered each of the following guidance for vicarious administrative execution to the Plaintiffs:

(hereinafter referred to as "the Disposition in this case"). On July 31, 2017, the Gyeonggi-do Land Tribunal rendered a judgment on obstacles to administrative vicarious execution, and on September 12, 2017, the compensation for obstacles was deposited at the court.

However, it shall be omitted so that obstacles may be restored to the original state voluntarily until October 9, 2017, because they may not be removed or removed continuously.

If the restoration to the original state is not performed by the above deadline, it shall be vicariously executed or made to a third party, in accordance with Article 2 of the Administrative Vicarious Execution Act, and the omission shall be made (based on recognition).

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