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(영문) 수원지방법원 2016.11.10 2015구합2308
시화2단계(송산그린시티)개발사업31차보상금처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business approval and public notice - Industrial complex development project approval and public notice - Industrial complex development project (A; hereinafter “instant project”): Defendant: C/D public notice of the Ministry of Land, Transport and Maritime Affairs on September 12, 2008, and the Ministry of Land, Transport and Maritime Affairs on March 6, 2009;

B. Adjudication of expropriation by the Central Land Tribunal on June 25, 2015 - Expropriation date of the land: The date of expropriation - Compensation for damage on August 18, 2015 (hereinafter “instant land”): High-performance engine saws, signboards, fences, concrete floors, gas containers, high-performance engine saws, tools and tools strings, electric voltages, 450kW change voltages, oxygen strings, solvents, light rollers, compacters, trawer manufacturing facilities, fire saws, shocks, barbs, barbs, water tanks, water tanks, and hereinafter “instant obstacles”): The date of expropriation - Compensation for damage on August 18, 2015: The Plaintiff’s claim for compensation for waste management, other than the above waste management by-products, cannot be deemed to have been dismissed due to the lack of economic value of the Plaintiff’s business registration approval prior to the business registration approval date.

[Ground of recognition] Facts without dispute, Gap's 18, 19, 31 evidence, Eul's 1-3 of evidence 1-3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff continued to engage in the saw manufacturing business, etc. from 1,250,000 to 150,000,000 won per year, with the trade name “F” in the instant land as before and after the instant public announcement of the public announcement. As such, the Defendant is obliged to pay the Plaintiff a business compensation on the basis of the above sales proceeds. (2) At the time of conducting a fact-finding survey for calculating the amount of compensation, there was a by-products of trees with weight 38,610 tons in the Plaintiff’s workplace, volume 38,610 tons in volume, volume 81,00 square meters in volume, volume 4,050 = 81,000 square meters in volume ± 20 square meters in volume.

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