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(영문) 서울동부지방법원 2018.07.19 2017가합112179

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2003, the Plaintiff was the owner of Seongdong-gu Seoul Metropolitan Government B (hereinafter “B”) a large of 60 square meters, D road 24 square meters, and E large of 57 square meters (hereinafter “instant land”).

B. On March 20, 2002, the head of Seongdong-gu Office (hereinafter “Defendant”) determined and publicly announced the FF large scale 282 square meters, including the instant land as urban planning facilities (public land) for G development projects, and on July 10, 2002, the said implementation plan was approved and publicly announced.

Sungdong-gu Public Notice No. H, I.C.

Accordingly, the Defendant admitted the instant land pursuant to Article 19 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 7475, Mar. 31, 2005; hereinafter “Land Compensation Act”) on July 15, 2003, and created “J” on the ground of the said land, etc. around December 2003.

The land in this case was changed to a park on April 6, 2005, and the land category was combined with K and other land, thereby becoming C Park 282 square meters.

E. On February 22, 2007, the Mayor of Seoul Special Metropolitan City designated and publicly announced the said redevelopment project as M-Housing Redevelopment Improvement Zone (hereinafter “instant redevelopment project”). The Defendant approved and publicly announced the instant project implementation plan on January 17, 2008.

F. The Mayor of Seoul Special Metropolitan City on March 12, 2009

The project area of this case, including the abolition of the determination of urban planning facilities, was revised and announced (an increase of approximately 2,201 square meters in area).

(Public Notice N). On December 31, 2009, the defendant approved and publicly announced the change of the project implementation plan (O of Seongdong-gu public announcement; hereinafter referred to as the "project implementation plan") and accordingly, the purpose of the land in this case was changed from the urban planning facilities (public land) to the apartment site.

G. On November 24, 2011, the Defendant approved and publicly announced a management and disposal plan amended following the amendment of a partial management and disposal plan (hereinafter “management and disposal plan”).

With regard to this, some of the members of the instant business are against the instant business partnership.