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(영문) 서울행정법원 2015.04.09 2013구합62343
손해배상(기)
Text

1. The defendant shall pay KRW 1,387,50 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: Urban environment rearrangement project of B urban renewal acceleration zones-public announcement: The defendant on February 17, 201;

B. The Seoul Metropolitan City Local Land Tribunal’s ruling of expropriation on July 19, 2013 (hereinafter “instant adjudication of expropriation”) - Type 1 type of structure and quantity classified into the location subject to expropriation, and unit 1 type of facility relocation cost (E and other equipment): The date of expropriation: September 6, 2013 - Compensation: 3,365,000 won: the Compensation: the 3,365,000 won: the Extraordinary Appraisal Corporation; the Danuri Appraisal Co., Ltd.; the Defendant deposited the above compensation under the Seoul Southern District Court No. 4229, 2013.

C. The Central Land Tribunal’s judgment on February 20, 2014 - Type 1 business losses (E all other equipment) for the relocation of facilities for DD business (E and other equipment) in Yeongdeungpo-gu Seoul Metropolitan Government (E) - Compensation for losses: 17,490,000 won (i.e., facility relocation expenses of KRW 3,540,950,000): An appraisal corporation: An appraisal corporation: an appraisal corporation and an appraisal corporation: a corporation with an appraisal appraisal team and a LDD Corporation - the Defendant deposited the above compensation for losses (based on the recognition) with the Seoul Southern District Court No. 1685 in 2014.3, evidence 1-3, evidence 8 and 9, evidence 10-1, 11, 12-1, 13-1, 13-2, 14-1, 14-2, and 2-14 of the entire pleadings.

2. Determination on this safety defense

A. The Defendant’s assertion that the Plaintiff filed the instant lawsuit on October 14, 2013, which was 60 days after the date of the instant decision on expropriation. As such, the instant lawsuit ought to be dismissed due to its failure to observe the period for filing the lawsuit.

B. According to Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), a project operator, landowner or person concerned shall have the date of receiving a written adjudication on application for expropriation.

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