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(영문) 서울고등법원 2019.08.27 2018누72620
손실보상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

The details of the instant case - Business Approval and Public Notice - Business Approval and Urban Development Project for C District (hereinafter “instant project”) - Project Operators of Gyeonggi-do Public Notice D-Business on December 31, 2012 - Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”): Period for implementation: From the date of designation of an urban development zone to the date of public announcement of the completion of construction of the project: The Plaintiff is a truster and the owner of production facilities, such as ready-mixed factories, etc. on the instant land (hereinafter “production facilities of this case”) on the instant land, incorporated into the instant project from the date of designation of the urban development zone to the date of public announcement of the completion of construction of the project.

Attached Form

The list of obstacles (i.e., obstacles 1) and the list of obstacles 2 attached hereto (hereinafter collectively referred to as "incluent obstacles 2") are parts of the production facilities of this case installed on the ground of this case on September 28, 1985 by the Plaintiff after obtaining permission to engage in activities on the ground of this case (three years in time limit) from the head of Gwangju Gun on September 28, 1985 (Defendant Hanam-si was separated from Gwangju Gun on January 1, 1989).

The permission period of the above permission for the act was extended five times, but it was terminated on December 31, 199.

Therefore, the Hanam-si market was directed from November 7, 2006 to January 2, 2014 to remove obstacles Nos. 1 and 2 from the Plaintiff on six occasions, but the Plaintiff did not comply with such instruction.

On March 29, 2013, the Defendant Company publicly announced a compensation plan for the land, etc. included in the instant project (the later procedure: the procedure for calculating compensation for losses, the adjudication on expropriation, consultation, or deposit) and the owner of land, goods, etc. to file an objection in writing within the perusal period, if any, after perusal of the land and goods protocol. The appraisal was included only in the instant land, and the first and second obstacles were not included therein.

Afterward, Defendant Company filed an application for adjudication only on the instant land, and as of May 26, 2015.

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