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(영문) 서울행정법원 2016.01.15 2015구합69928
보상금 증액 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

A. On January 25, 2010, the Plaintiff’s business entity established pursuant to the Ordinance on the Establishment and Operation of the Local Public Enterprises Act and the Seoul Metro, and operated the same sales business as the following table from January 25, 201 to February 24, 2016 (hereinafter “instant sales business”), which is managed by the Plaintiff from the Seoul Mcro, a public corporation, the construction and operation of subway 1 to 4 lines, etc. for the purpose of which is: (a) 24,971,00 square meters near the outlet No. 5 of Seoul Mcro, Seoul, Seoul, which is the Seoul Mcro, for the purpose of the construction and operation of subway 3 to 5 lines; (b) 13,609,500 square meters for the rent month; and (c) from January 25, 2010 to February 24, 2016, established a store in the said place; and (d) operated the Category B food and clothing of the Category CG products sales industry (hereinafter collectively referred to the Plaintiff

B. On May 27, 2011, the Defendant obtained, from the Minister of Land, Transport and Maritime Affairs on May 27, 201, an implementation plan for a project for construction of high-speed railroads in the Seoul Gangnam-gu, Sungnam-si, Chungcheongnam-si, Masan-si, Osan-si, and Pyeongtaek-si, the business area of which is the Seoul Metropolitan Government, Sungnam-si, and the Central Land Expropriation Committee (hereinafter “China”) for the implementation of the said project.

(2) On January 22, 2015, China filed an application for the adjudication of expropriation with respect to the instant business, and on March 17, 2015, China set the commencement date of expropriation as March 17, 2015 and accepted the said adjudication (hereinafter “instant adjudication of expropriation”).

(2) At the time of the above ruling of expropriation, the Minister of Land, Infrastructure and Transport set the above amount as compensation for operating profit, considering that the average operating profit during the last three months of the above business was KRW 65,078,50, and determined the above amount as compensation for operating profit. ② As regards the “other expenses for the acquisition of facilities that may not be transferred, the transfer cost of the obstacles, the fixed cost of the transfer, and other expenses incidental thereto” (hereinafter “other compensation”), the compensation amount shall be determined as KRW 207,38,160.

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