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(영문) 서울행정법원 2014.07.17 2013구합64363
보상금증액 등
Text

1. The part of the instant lawsuit regarding the claim for business loss compensation shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

An implementation plan and announcement of adjudication - Private Investment Project (hereinafter “instant project”), - Public-Private Partnership Project (hereinafter “Public-Private Partnership Project”), - D Public Notice of the Ministry of Land, Transport and Maritime Affairs on March 19, 2010, the Ministry of Land, Transport and Maritime Affairs announced on April 13, 2010, and the Ministry of Land, Transport and Maritime Affairs announced on March 24, 2013, E Central Land Expropriation Committee announced on March 24, 2013 - Land subject to expropriation - The Plaintiff’s land located on the land of Ansan-si F, G, and H land (hereinafter “instant land”), all obstacles described in the list of the annexed land subject to expropriation, such as plastic greenhouse and manager, owned by the Plaintiff (hereinafter “instant obstacles”), - The date of commencement of expropriation: 8,679, 560 won - The date of filing a claim for compensation for losses, and the result of the appraisal corporation’s appraisal and assessment (hereinafter “No. 1”)’s appraisal corporation’s appraisal and appraiser’s appraisal.

In order for a person who closes or suspends his/her business due to public works to receive compensation for business losses from a project operator pursuant to Article 77 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), it is reasonable to deem that the person can receive remedy for infringement of rights pursuant to Articles 83 through 85 of the Public Works Act only when he/she is dissatisfied with the adjudication after going through the adjudication procedures stipulated in Articles 34, 50, etc. of the Public Works Act, and that it is not allowed to immediately claim compensation for losses against

(see, e.g., Supreme Court Decision 2009Du10963, Sept. 29, 201). However, according to the description of evidence No. 1, the Plaintiff asserted the claim for business loss compensation in the adjudication of expropriation.

has not been adjudicated with respect to business loss compensation.

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