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(영문) 수원지방법원 2018.10.18 2016구합63799
손실보상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Case history

(a) Business authorization and public announcement - C District Urban Development Project (hereinafter “instant project”) - Gyeonggi-do public announcement D- Project implementer on December 13, 2012 - Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”): The implementation period: the date of designation of the urban development zone or the date of public announcement of project publication (pre-determined by around 2016)

B. The Plaintiff is the owner of production facilities, including E, E, 17,605 square meters (hereinafter “instant land”) and ready-mixed factories on the ground of the instant land incorporated into the instant business (hereinafter “instant production facilities”).

C. The obstacles in the attached Form 1 (hereinafter “instant obstacles”) and the obstacles in the attached Form 2 (hereinafter “the instant building”) were part of the ready-mixed factory facilities installed according to the permission to engage in the act in the development-restricted zone of the subordinate market (three years) around September 1985, and the permission period was extended on December 31, 199.

The Ha Nam-nam City instructed the Plaintiff to remove the obstacles and buildings of this case on a total of six occasions from November 7, 2006 to January 2, 2014, but the Plaintiff did not comply with this.

On March 29, 2013, the Defendant Company publicly announced a compensation plan for the land, etc. included in the instant project (afterward procedure: payment of compensation for losses, consultation on expropriation, adjudication on expropriation, or deposit) and the land and goods protocol to the owners of land, goods, etc., who thereafter raise an objection thereto within the perusal period. However, the subject of appraisal is only included in the instant land, but does not include any obstacle on the ground.

E. On December 6, 2013 and January 10, 2014, the Plaintiff sent a public notice to the Defendant Company stating that “any obstacle to the instant land is included in the subject of appraisal and assessment en bloc with the instant land.”

F. Accordingly, the Defendant Company should voluntarily remove obstacles to the ground of the instant land on January 17, 2014.

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