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(영문) 서울고등법원 2020.08.21 2019누54926
부작위위법확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association that obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government Office on February 26, 2009 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”).

The defendant obtained authorization for project implementation from the head of Seongbuk-gu Seoul Metropolitan Government on June 20, 2013, and authorization for project implementation on January 22, 2015, respectively.

B. The Plaintiff has an office on the third floor of the Seongbuk-gu Seoul Metropolitan Government D ground building (hereinafter “instant building”) within the instant improvement zone as a company for manufacturing and selling bags, etc., and the representative director is E.

C. E is also the representative director of F Co., Ltd. (hereinafter “F”), and F uses the instant building as its office with the Plaintiff.

On June 22, 2018, the Seoul Special Metropolitan City Regional Land Tribunal decided F's business loss compensation (hereinafter "instant adjudication") by determining the amount of compensation as KRW 41,725,000.

E. On August 20, 2018, the Plaintiff sent a document requesting the Defendant to file an application for adjudication on business loss compensation by delivery-certified mail on the ground that “the Defendant did not take any procedures for consultation on business loss compensation during the period of consultation within 150 days following the date following the completion date of the period for application for parcelling-out under Article 47 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “Urban Improvement Act”), and the document reached the Defendant on August 21, 2018.

F. On August 27, 2018, the Defendant demanded the Plaintiff to compensate for the business loss of the Plaintiff at the time of the instant adjudication. The amount of compensation determined in the instant adjudication includes the amount of compensation for the Plaintiff.

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