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(영문) 광주지방법원 2015.09.24 2014구합1048
보상금등 지급의무불이행처분취소
Text

1. On June 3, 2014, the head of the Dong-gu Gwangju Metropolitan City filed an application for adjudication against the Plaintiff on the Dong-gu Seoul Special Metropolitan City B.

Reasons

Basic Facts

The head of Dong-gu Gwangju Metropolitan City (hereinafter referred to as the "head of Dong-gu") is the project implementer of the Gwangju Metropolitan City Urban Planning Facility Project D-F Road Construction Project (E - F) publicly notified on November 24, 201 by the Dong-gu Seoul Metropolitan City public notification of the implementation plan for the Dong-gu Seoul Metropolitan City on November 24, 201.

The Plaintiff is a lessee of the building located in Gwangju Dong-gu B (hereinafter referred to as “instant building”) located in the instant business area.

On June 3, 2014, the Plaintiff filed a request for adjudication with the head of Dong/Dong to urge the head of Dong/Dong to compensate for losses incurred by the Plaintiff in relation to the business operated in the instant building due to the instant project. On June 3, 2014, the head of Dong/Dong rendered a disposition rejecting the Plaintiff’s request for adjudication (hereinafter “instant refusal disposition”).

[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 1 and 2, Eul's evidence Nos. 1 (including each number), plaintiff's assertion of the purport of the whole argument, plaintiff's main claim for related Acts and subordinate statutes (the defendant Dong-gu) is obvious that the plaintiff's business losses were incurred to the plaintiff's business due to the plaintiff's business from the building of this case's trade name with G, but it is obvious that the defendant Dong-gu does not fall under the compensation for losses. Thus, the rejection disposition of this case should be revoked.

A preliminary claim (as to the defendant Dong-gu), it is difficult to expect a ruling in the future due to the lack of any application for a ruling after the instant rejection disposition, and in such a case, it shall be deemed that the defendant Dong-gu can claim a business compensation without

Therefore, the defendant Dong-gu raises objection to the plaintiff.

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