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(영문) 서울고등법원 2017.04.27 2016나2077101
보상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff has obtained permission to occupy and use a 182 square meters of G road 2,833 square meters in Dobong-gu Seoul Metropolitan Government, and installed a temporary building, structure, and goods therein, and operates the “H height property shop”.

B. With respect to I Corporation, the Seoul Special Metropolitan City Mayor publicly announced the modification of the J Urban Planning Facility (Road) and the topographical map, the public notification of the Seoul Special Metropolitan City public notification K implementation plan, the public notification of the Seoul Special Metropolitan City public notification L implementation plan, the public notification of the Seoul Special Metropolitan City public notification of the modification of the M implementation plan, and the public notification of the Seoul Special Metropolitan City public notification of the modification of the urban planning facility project

C. Accordingly, the head of Dobong-gu Seoul Metropolitan Government announced the Plaintiff on August 17, 2015 that the goods, etc. owned by the Plaintiff included in an urban planning facility project corresponding to I Corporation will be assessed in accordance with Article 68 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and that the Plaintiff was excluded from compensation for losses under the conditions of permission to occupy and use the Plaintiff’s structures, goods, etc

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 3, 4, and 6 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion that he occupied and used the above road, paid user fees to the defendant, spent expenses for containers and other facilities, and transported a large amount of solid water to a new workplace according to the above I work, and suffered losses due to the failure to conduct the business for the period.

Nevertheless, since the defendant did not compensate for the loss, it is necessary to compensate for the transfer cost and business loss of the facilities and property owned by the place of business.

3. The provisions of Article 14-2(4) of the former Urban Planning Act (wholly amended by Act No. 6243, Jan. 28, 2000) shall apply to the land for which the execution plan of an urban planning facility project has been publicly announced.

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