logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2007.08.24 2006구합42853
토지수용이의재결처분취소
Text

1. The plaintiff's action against the Central Land Expropriation Committee shall be dismissed.

2. The plaintiff's defendant Korea National Housing Corporation.

Reasons

1. Details of ruling;

(a) The approval and notification of the project - the housing site development project (B) - The notification C and the notification D of the Ministry of Construction and Transportation on June 20, 203, and November 28, 2003

(b) Project operator: Defendant Corporation;

C. The ruling of expropriation on June 21, 2006 - The content of the ruling: the recognition of the transfer cost of 700,000 won for FF owned by the plaintiff on the land E in Sungnam-si (hereinafter referred to as the "land in this case") - the time of expropriation: August 9, 2006.

Contents of the ruling on October 26, 2006 - Contents of the ruling: each entry in the plaintiff's increase in transfer expenses and rejection of the application for business loss compensation (based on recognition), Gap evidence 1-2, Gap evidence 2, Eul evidence 2-1 and Eul evidence 2-2

2. The judgment of the court below on the legitimacy of the lawsuit against the defendant Heavy Shipping asserts that since the plaintiff sought an increase in compensation for losses as provided by the judgment of this case, it is not the project operator but the defendant Heavy Shipping did not have the standing to be the defendant.

On the other hand, the plaintiff's claim against the defendant Jung-to-land is seeking an increase in compensation for losses under the ruling of this case, and the part of objection against the ruling of this case excluding the business compensation of this case subject to expropriation is also seeking an increase in compensation for losses. According to Article 85 (2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, in case administrative litigation is a lawsuit for an increase in compensation for losses, the plaintiff's claim against the defendant Jung-to-land shall be excluded from the defendant, because the ruling of this case is clearly based on the cause of the claim itself, and the defendant Jung-to-land shall not be entitled to the defendant, since it shall be excluded from the defendant, in the lawsuit for an increase in compensation for losses

Therefore, the plaintiff's lawsuit against the defendant Jung-gu is unlawful.

3. Determination as to the claim against the defendant Corporation

A. The Plaintiff’s assertion is trade name F in the instant business district.

arrow