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(영문) 서울행정법원 2016.07.08 2015구합7005
수용재결처분취소및손실보상금
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. The Defendant is a project implementer of an urban planning facility project (hereinafter “instant project”).

The Defendant established an implementation plan for the instant project, and announced it by Seoul Special Metropolitan City Notice No. 2013-304 on September 23, 2013.

B. From around 1996, the Plaintiff leased from the Korea Food and Drug Trade Corporation 232 Seoul Yang Jae-dong 232 square meters of land on the south of 92-01 782.50 square meters and operated the wholesale and retail business of flowers, etc.

C. The Seocho-gu Seoul Metropolitan Government Yang Jae-dong 232-3 large 701.4 square meters, which was owned by the Korea Agriculture and Food Trade Corporation, was incorporated into the instant project, and approximately KRW 46 square meters out of the land leased by the Plaintiff (hereinafter “instant land”).

The Defendant filed an application for adjudication of expropriation with the Central Land Expropriation Commission in order to not reach an agreement on compensation for the obstacles owned by the Plaintiff on the instant land (hereinafter “instant obstacles”). On April 23, 2015, the Central Land Expropriation Commission set the commencement date of expropriation as 24,905,750 won on June 16, 2015, and made a ruling of expropriation to dismiss the Plaintiff’s claim for compensation for business loss.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, overall purport of pleading

2. The plaintiff's assertion and judgment are that since the plaintiff's business size was reduced as the land of this case was incorporated into the business of this case, the plaintiff's claim and judgment sought payment of KRW 20 million as part of the business compensation.

Article 77 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act") provides that "any business loss incurred by the discontinuation or suspension of business shall be compensated in consideration of the business profits, transfer expenses of facilities, etc." (Article 77 (4) shall be calculated in detail and the amount of compensation under the provisions of paragraphs (1) through (3).

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