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(영문) 서울중앙지방법원 2012.03.29 2011가합113320
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 25, 2007, the Plaintiff: (a) purchased a land use right of one phase BL 2-1 commercial business site of 1,373.2 square meters from the Korea Land Corporation to carry out a real estate development project in the Gsung Industrial District in North Korea; (b) obtained approval from the cooperation business operator of the GIC on March 11, 2008; and (c) obtained a building permit for the construction of a new neighborhood living facility on March 13, 2008.

B. However, in the Yellow Sea on March 26, 2010, the sinking event occurred due to North Korea’s attack. On May 24, 2010, the Ministry of Unification taken measures to deny the new expansion of investment and the expansion of investment by our company on May 24, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 to 5, Eul evidence 1 to 6 (provisional number) and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion 1) due to the measures 524 taken on May 24, 2010, the Plaintiff failed to undertake a real estate development project in the Gsung Industrial District after May 24, 2010. 2) The Defendant’s 524 measure violates Article 3(2) of the Act on the Support of the GIC (hereinafter “the Government shall endeavor to create and support conditions for the development of the GIC and the company’s management activities to be consistently promoted on the basis of economic principles and corporate autonomy) and constitutes an unlawful administrative act by intention or negligence against the trust established through the Defendant’s series of measures concerning the investment in the GIC for a long time.

Therefore, the defendant is liable to the plaintiff for damages under the State Compensation Act.

3 Even if the 524 measure is lawful, the Plaintiff’s loss due to the discontinuance of the project is the property right due to public necessity as provided by Article 23(1) of the Constitution.

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