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(영문) 서울행정법원 2018.11.28 2017구단80779
손실보상금
Text

1. The Defendant: (a) KRW 21,050,400 for the Plaintiff and 5% per annum from April 15, 2017 to November 28, 2018; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is an association established to implement an urban environment rearrangement project (hereinafter “instant project”) in the Seoul Metropolitan Government, Yeongdeungpo-gu and 59 lots of land outside 8,407 square meters in the B urban environment rearrangement zone, and the said improvement zone is the association established to implement the said improvement zone (hereinafter “instant project”).

B. On November 27, 2009, the Defendant obtained authorization for the implementation of the instant project from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the head of Yeongdeungpo-gu”) to implement the project within 54 months from the project implementation authorization date (hereinafter “instant project implementation authorization”).

C. The Plaintiff, who was engaged in the instant business from the branch of the building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant business”), under the trade name called EDaca (hereinafter “instant business”), was subject to consultation with the Defendant on the business compensation, but did not reach an agreement.

On April 14, 2011, the Plaintiff sent to the Defendant a certificate of content indicating that the Plaintiff filed a petition for adjudication of expropriation of the instant business pursuant to Article 30(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11017, Aug. 4, 2011) and Article 14(1) of the former Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Presidential Decree No. 24443, Mar. 23, 2013). The Defendant received the above certification on April 16, 2011.

(hereinafter referred to as “the first claim for adjudication”). E

On March 3, 2015, the Defendant received the authorization from the head of Yeongdeungpo-gu Office to revise the project implementation of the instant project (hereinafter referred to as “instant authorization”), and the head of Yeongdeungpo-gu notified the Yeongdeungpo-gu Seoul Metropolitan Government public notice on March 12, 2015.

F. On February 17, 2016, the Plaintiff re-requested the Defendant for a ruling of acceptance (hereinafter referred to as “the Defendant”).

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