손해배상(기)
1. The Defendant’s KRW 66,105,00 for the Plaintiff and 5% per annum from March 22, 2014 to August 28, 2017.
1. Evidence Nos. 1 through 4, No. 1, and the purport of the whole pleadings;
A. The Defendant acquiring the Defendant’s public land through consultation shall pay the Plaintiff KRW 15,795,00 for KRW 585 square meters (hereinafter “instant land”) owned by the Plaintiff for the road confirmation and packaging construction work (hereinafter “the instant road project”, March 29, 2004, for compensation KRW 15,795,000, and complete the registration of ownership transfer due to the acquisition of public land by consultation pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “the Public Works Act”).
B. On September 21, 2006, the land equivalent to 17,461,00 square meters in Pyeongtaek-si E, F, G, H, and I, including the land of this case where the Defendant’s suspension of the road project of this case was designated and publicly notified as the “YJ area and planned area for housing site development,” implemented by the Gyeonggi-do and the Korea Land Corporation.
(hereinafter) On May 30, 2008, the instant housing site development project was modified to the Gyeonggi-do, the Korea Land Corporation, the Gyeonggi-do Si Corporation, the Gyeonggi-do Si Corporation, and the name of the operator of the Housing Site Development Promotion Act as the "L area and the planned area of housing site development (M notified by the Ministry of Land, Transport and Maritime Affairs)" on the same day, and the Minister of Land, Transport and Maritime Affairs approved and publicly announced the development plan for the said modified housing site development project through the said notification. The instant land was included in the land subject to expropriation of the instant housing site development project.
2. The allegations by the parties and the judgment of this court
A. According to Article 91(1) of the Public Works Act, when the existence of damage claim or the acquisition date of land, etc. becomes unnecessary, in whole or in part, within ten years from the acquisition date of the land, etc., the owner of the land, etc. at the time of acquisition becomes unnecessary.