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(영문) 서울행정법원 2015.02.06 2014구합66243
손실보상금 청구
Text

1. As to the Plaintiff KRW 1,663,977,273 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 1,663,97,273 from November 11, 201, and KRW 1,643,97.

Reasons

1. Facts of recognition;

(a) Contents of the urban planning facility business - Types of the business - titles of the urban planning facility business (urban railroads): The business operator: the business operator - The business area of the Plaintiff - The business area of the Plaintiff - The route of 385,457С: the business area of the Plaintiff - the business area of the Plaintiff - the business operator - the business area of the route of 23.231 Km, the stations 21m, the vehicle base of the vehicle base - the business area of the total project cost of 7,742 billion won: the business period of 5 years from the

B. Meanwhile, on December 13, 2002, the Plaintiff entered into a concession agreement with the Ministry of Construction and Transportation, Busan Metropolitan City, and Kim Jong-si on December 13, 2002 for the instant business. The instant business is owned jointly by the BTO method under Article 4 subparagraph 1 of the Act on Private Participation in Infrastructure (the ownership of the pertinent facility belongs to the State or a local government at the time of completion of construction of infrastructure) and its ownership belongs to the State or a local government on the date of completion.

C. Regarding the approval of the implementation plan of the project of this case, the Busan Regional Land Management Office granted the following permission to the Plaintiff on September 10, 2006 pursuant to Article 33 of the River Act for the purpose of installing a bridge.

1. Details of permission;

(a) Purpose of occupation and use: Installation of a bridge for light or electric power system; and

(b) Place of occupation and use: Sampo-dong in Busan City, Gangseo-do, Taepo-dong in Gangseo-gu, Busan Metropolitan City, Gangseo-dong in Gangseo-si in Busan Metropolitan City;

(c) The name of a river: Nakdong River and Seo-gu Nakdong River;

(d) Occupation and use area - Nakdongdong : 12,38 square meters of facilities, 26,585 square meters of facilities, and 2,047 square meters of facilities;

(e) Period of occupancy: Permanent;

(f) The conditions of permission (1) obtain authorization of an implementation plan within six months from the date of this permission pursuant to Article 33(5) of the River Act, and thereafter commence construction.

(14) If it is necessary for the State plan or the public interest or if it violates any river statute or condition of permission, the permission may be changed, and when the permission is changed, the facilities shall be removed at the expense of the person to be permitted.

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