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(영문) 서울행정법원 2017.10.18 2017구단57762
손실보상금
Text

1. The Defendant’s KRW 5,516,00 for the Plaintiff and 5% per annum from April 20, 2017 to October 18, 2017.

Reasons

1. Basic facts

(a) Business title - Business name: B (hereinafter “instant project”): A public announcement of project approval: C publicly notified by the Ministry of Land, Transport and Maritime Affairs of December 8, 2011 - Project operator: Defendant

B. The Central Land Tribunal’s ruling of expropriation on February 9, 2017 - The Plaintiff’s dismissal of the Plaintiff’s claim for business compensation against “E” and “F” (hereinafter “instant business”) on the ground of 3,164 square meters (hereinafter “instant land”) in Gangdong-gu Seoul Metropolitan Government within the instant business area - The commencement date of expropriation: April 4, 2017 / [Grounds for recognition] without dispute; the Plaintiff’s evidence Nos. 1 through 7; the Plaintiff’s evidence Nos. 1 and 8-1 and 2; the purport of the entire pleadings; and the purport of the entire pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion continues to operate the instant land for the purpose of running the trucking forwarding business and the parking lot business after obtaining permission for the trucking forwarding business and completing the report of the off-road parking lot.

Since the plaintiff continues to operate the business of this case lawfully in accordance with the relevant laws and regulations, the plaintiff is entitled to business compensation.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)

A) Article 77 of the Enforcement Rule of the Land Compensation Act and Article 45 of the Enforcement Rule of the Land Compensation Act stipulate that business compensation shall be made in relation to “any business that has been continuously engaged in with human and physical facilities at a legitimate place (referring to an unauthorized building, etc., illegal land change, land form and quality, and other place that is not prohibited from piling up goods under other Acts and subordinate statutes) prior to the date of project approval.”

According to Article 12, when it is intended to establish an off-road parking lot, it shall be reported to the head of Si/Gun/Gu in advance, and after the Act was amended by Act No. 5902 on February 8, 199, the off-road parking lot

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