토지수용재결처분취소등
1. Defendant B Co., Ltd.: (a) KRW 49,095,070 for the Plaintiff and 5% per annum from July 13, 2011 to February 4, 2014.
1. The following facts may be found based on Gap evidence Nos. 1, 3, 102, Eul evidence Nos. 1, 2, 3, 8 through 15, 19, 24, 25, and 26, the market price appraisal results with respect to appraiser C and the entire purport of this Court.
On May 10, 2010, the macro-si approved the implementation plan of the F Development Project (hereinafter the project in this case) with respect to the area of 810,722 square meters in Seoul Special Metropolitan City E Nowon-si, and announced the designation of urban planning facilities (sports facilities, roads) and the implementation plan to which the project in this case belongs as the defendant company.
Then, on May 19, 2010, the macro-si made a public announcement to correct the scheduled commencement date stipulated in the said public announcement as “within one month from the authorization date” from “within three months from the authorization date” to “within three months from the authorization date,” and on July 1, 2010, the Si made a public announcement to correct the area of the land incorporated into the business as H on July 1, 2010 to “810,72 square meters” from “810,772 square meters.”
B. On July 29, 2010, the Defendant Company: (a) prepared land and goods protocols; and (b) requested the Plaintiff to purchase the land owned by the Plaintiff, but the Plaintiff did not comply with the request; (c) filed an application for adjudication on expropriation (hereinafter referred to as the “application for the first adjudication on expropriation”).
As the Plaintiff did not comply with the procedures necessary therefor while entering the Plaintiff’s land for survey and investigation, the Defendant Company applied for permission to enter the Plaintiff’s land and received permission to enter the land from December 14, 2010 to December 9, 2010 (208:0 to 18:00), and notified the Plaintiff of the land entry on December 10, 201.
In addition, the macro-market publicly announced the entry of the land I on the same day, and notified the plaintiff of the entry of the land.
The defendant company applied for the first expropriation ruling on December 15, 2010.