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(영문) 서울행정법원 2017.05.18 2016구합9206
농업 및 영업의 손실보상 부작위위법확인
Text

1. The plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Each of the real estates listed in the separate sheet Nos. 1 through 9 (hereinafter “each of the instant lands”) was incorporated into a site for C Construction Project (hereinafter “instant Project”) which the Defendant is the project implementer.

B. The obstacles, such as trees on each of the instant lands and on the ground thereof, were admitted to the Defendant on March 24, 2014 following the adjudication of expropriation by the Central Land Expropriation Committee on February 20, 2014.

C. Plaintiff B is the owner of each real estate listed in the separate sheet Nos. 1 and 6, and Plaintiff A completed the registration of creation of superficies with the purpose of “the ownership of trees or solid buildings,” the duration of which is “not later than March 1, 2029,” and land rent as “the amount of KRW 9.5 million per annum,” with respect to each real estate listed in the separate sheet Nos. 1 through 9 on March 6, 2008.

On March 1, 2009, the Plaintiffs registered business with the head of Echeon Tax Office as “D”, “land specified in attached Table 9”, and “do retail, such as fruits,” and reported the closure of business on January 1, 2016.

E. On January 28, 2013, the Defendant notified the owner and interested parties of the land located in the instant project zone of the perusal of the compensation plan, public announcement, and objection filing. On August 26, 2013, the Defendant notified the consultation period from August 27, 2013 to September 30, 2013 of the request for consultation on compensation for losses.

F. On November 6, 2013, the Plaintiffs submitted to the Plaintiff a document of “application for compensation” stating the following contents. Accordingly, the Defendant’s business loss compensation requested by the Plaintiffs on November 12, 2013 is the Enforcement Rule of the Land Compensation Act (hereinafter “Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects”).

The answer was made that human and physical facilities are not subject to business loss compensation because they do not fall under business in a legitimate place under Article 45.

The business owner: the Plaintiffs’ compensation application - The Plaintiffs are E.

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