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(영문) 서울행정법원 2018.05.24 2017구단32787
수용 보상금 증액
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) Business approval and public announcement - Business name: B Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Defendant - Business operator: Public announcement of Seongbuk-gu Seoul Metropolitan Government on January 17, 2013;

(b) Decision of expropriation made on January 20, 2017 by the local Land Tribunal of Seoul Metropolitan City: Business compensation (transfer expenses) for the Plaintiff’s operating on the intermediate side of recycled products by leasing the Seongbuk-gu Seoul D Ground Store (hereinafter “instant store”): - Compensation for losses on March 10, 2017 - 2,335,000 won (business compensation (transfer expenses, interim compensation for recycled products)

C. The Central Land Tribunal rejected the Plaintiff’s claim on September 21, 2017 - Compensation for losses: 2,740,000 won [business compensation (transfer expenses)] [the Plaintiff claimed that “the Plaintiff would make a business compensation since he/she incurred losses due to the suspension of business,” and the Central Land Tribunal did not accept the Plaintiff’s claim on the ground that “the Plaintiff’s interim product of recycled products does not confirm the fact of business registration, but only some of the recycled products have been loaded, but it does not confirm the circumstances to deem that the Plaintiff had been continuously engaged in business, such as there was no signboard, nor there is no objective business performance, etc., and only partially increased the amount of compensation for the items of “business compensation (transfer expenses)” recognized in the adjudication of expropriation] [based on recognition]], without dispute, and the purport of the entire arguments and arguments.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff leased the instant store on May 2008, and continued to operate an intermediate business for recycled products with human and physical facilities installed therein.

Therefore, the defendant shall pay the plaintiff a compensation for suspension of work for the interim commercial activities of recyclables, but the local Land Tribunal and the Central Land Tribunal are bound by the premise that the plaintiff's business is not eligible to the compensation for suspension of work.

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