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(영문) 서울행정법원 2018.10.26 2018구합50314
생활대책대상자확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who has operated a business entity selling gardening and landscaping in the trade name of Gangseo-gu Seoul Metropolitan Government D Land (hereinafter “instant land”) under the name of “E”.

B. On December 28, 2007, the Seoul Special Metropolitan City Mayor, a public announcementF, designated a single unit of the instant land as a B urban development zone, and publicly announced “B designation and development plan of the B urban development project (hereinafter “instant project”) that designates the Defendant as the project implementer of the B urban development project (hereinafter “instant project”), and on December 30, 2008, the Seoul Special Metropolitan City public announcement announced “B designation change of the B urban development zone, the establishment of the development plan, the authorization of the implementation plan and the topographic drawings

C. The Plaintiff was no longer able to operate E in the instant land due to the instant project.

Therefore, the defendant agreed on the compensation and business compensation for the obstacles on the land of this case, but did not reach an agreement, the Central Land Expropriation Committee applied for the adjudication of expropriation to the Central Land Expropriation Committee. On September 25, 2009, the Central Land Expropriation Committee rendered the adjudication of expropriation at KRW 207,767,000.

On April 30, 2010, the Plaintiff filed an objection with the Central Land Expropriation Committee, and the Central Land Expropriation Committee rendered an objection to increase the compensation amount to KRW 207,905,000.

Accordingly, the Plaintiff appealed against the Defendant and filed a lawsuit claiming the amount of compensation increase by the Seoul Administrative Court 2010Guhap24166, and the court rendered a judgment dismissing the Plaintiff’s claim on March 17, 2011.

Since then, both the plaintiff's appeal and appeal were dismissed, and the above judgment became final and conclusive as it is.

On the other hand, the Defendant established living measures for those who have lost their base of living due to the implementation of the instant project (hereinafter “instant living measures”), and publicly announced it on December 23, 2008 as SH Corporation C.

(e).

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