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(영문) 대구지방법원 2020.05.07 2019구합25225
부작위위법확인
Text

1. The defendant's rejection disposition against the plaintiff on September 3, 2019 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Defendant is a cooperative established for the purpose of implementing a housing redevelopment improvement project in the BBB-Promotion Area (hereinafter “instant project”) whose business area covers Daegu-gu and 488 lots (89,032m23m2) outside the Daegu-gu.

B. From October 10, 2012, the date of the public inspection and announcement of the rearrangement zone of the instant project, the Plaintiff has been operating retail business, such as hardware, etc. (hereinafter “instant business”) with the trade name of “G” from the Daegu-gu, and 2nd floor E (hereinafter “instant E commercial building”) and F (hereinafter “instant F commercial building”) located within the said rearrangement zone.

While running the instant business, the Plaintiff occupied the instant E commercial building leased from H or I. Since March 17, 2001, the Plaintiff occupied the instant commercial building as it owned from March 17, 2001, while maintaining the Plaintiff’s possession on December 29, 201, and transferred only the ownership to J as his child.

C. On August 6, 2019, the Plaintiff sent to the Defendant a content-certified mail requesting the payment of business loss compensation following the relocation and removal of the instant E commercial building under the title “a request for payment of the amount of compensation for relocation and removal.”

Accordingly, on August 19, 2019, the Defendant respondeded to the Plaintiff with the purport that “the payment of compensation for the Plaintiff’s business losses related to the instant E commercial buildings is impossible.”

On August 22, 2019, the Plaintiff sent a written claim for adjudication (hereinafter “instant claim”) to the Defendant for adjudication on the compensation for business losses arising from the relocation and removal of the instant commercial building pursuant to Article 30(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). On August 23, 2019, the Defendant received the said written claim for adjudication on August 23, 2019.

E. The Defendant’s application of the Land Compensation Act to the Plaintiff on September 3, 2019.

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