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(영문) 서울행정법원 2017.04.13 2014구합17074
보상금증액
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business Name: F Private Investment Project (hereinafter referred to as the “instant project”) (hereinafter referred to as the “instant project”) - Project implementer: Seoul Regional Construction and Management Administration - Public notice of project implementation authorization: G public notice of the Ministry of Land, Transport and Maritime Affairs on March 21, 201; H public notice of the Ministry of Land, Transport and Maritime Affairs on August 12, 201;

B. The Central Land Tribunal rendered a ruling of expropriation on April 17, 2014 (Plaintiff C) and May 22, 2014 (Plaintiff A and B). With respect to business compensation, the Central Land Tribunal’s ruling of expropriation on March 24, 2016 that “as the Plaintiff is operating by piling up an object without reporting, etc. on the open space, it shall not be deemed a lawful business, and thus, it does not constitute the subject of business compensation as prescribed by the Act,” with respect to Plaintiff C, on the ground that “the repair and sale of used machinery, etc. is a person who repairs and sells used machinery, etc. without reporting, and conducts business without reporting, and this does not constitute business compensation as prescribed by the Act.”

- Commencement Date of expropriation: June 10, 2014 (Plaintiff C), July 15, 2014 (Plaintiff A and B) - Items subject to expropriation: Attached 1 obstacles owned by the plaintiffs (hereinafter “in this case’s obstacles”): Compensation as shown in Attached 1 - An appraisal corporation: C-Appraisal Corporation and two appraisal corporations;

C. The Central Land Tribunal’s ruling on March 26, 2015 (Plaintiff A and B), and on May 21, 2015 (Plaintiff C): The same as the adjudication on expropriation (the Plaintiff’s objection is dismissed, and Plaintiff C claimed a business compensation in the adjudication on expropriation, but is dismissed) - An appraisal corporation: Gyeong Appraisal Corporation, Gyeong Appraisal Corporation, and Lone Appraisal Corporation (hereinafter “Objection Appraisal Corporation,” and the result of its appraisal is referred to as “the result of its appraisal”) [based on recognition].

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