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(영문) 광주지방법원 2016.11.09 2015가단49618
손해배상(기)
Text

1. The Defendant’s KRW 2,00,000 as well as 5% per annum from December 2, 2015 to November 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

(a) The head of the Dong-gu Gwangju Metropolitan City is the project implementer of the Gwangju Metropolitan City-type C Road Construction Works (hereinafter referred to as the "Projects in this case") for the Gwangju Urban Planning Facility Project, which was publicly announced as an implementation plan B published by the Dong-gu Seoul Metropolitan City on November 24, 201.

B. The Plaintiff is a lessee of the building located in Gwangju Dong-gu D ground (hereinafter “instant building”) located in the instant business area.

C. On June 3, 2014, the Plaintiff demanded the head of Dong/Dong to compensate for losses from the business of the instant building due to the instant project, and the head of Dong/Dong rendered a disposition rejecting the Plaintiff’s claim for adjudication on the ground that the Plaintiff was not a person entitled to compensate for losses.

On July 1, 2014, the Plaintiff filed an administrative litigation (2014Guhap 1048, revocation of a disposition of non-performance of obligation to pay compensation, etc.) against the head of the Dong-gu, and on September 24, 2015, the Gwangju District Court ruled that "The head of Dong-gu, which is a project operator, filed a claim for adjudication on the grounds that the Plaintiff did not reach agreement with the head of the Dong-gu, shall file an application for adjudication with the competent Land Tribunal for adjudication on the loss incurred due to the implementation of the project in this case, and shall handle the affairs as to whether to compensate according to the result of the adjudication, and whether the loss was incurred due to the implementation of the project in this case, whether the loss was caused by the implementation of the project in this case, and the amount of compensation is determined by the competent Land Tribunal.

E. On December 3, 2015, the head of the Dong/Dong filed an application for adjudication of expropriation of land, etc. with the Seoul Metropolitan City Regional Land Expropriation Committee, but was rejected on March 21, 2016 due to the failure to submit relevant documents.

(f).

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