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(영문) 서울중앙지방법원 2017.11.24 2017가단5076049

손해배상(기)

Text

1. The defendant shall pay to the plaintiffs the amount stated in the "request amount" in the attached list of claims and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiffs acquired the land owned by the Plaintiffs through consultation (1) owned each share of 6,545.5/13,091 shares each of the 6,545.5/13,091 shares of the land owned by the Plaintiffs.

(2) On June 3, 2002, the Defendant approved and publicly notified the plan for national defense and military facility project (hereinafter “instant relocation project”) to the G of the Ministry of National Defense for the Dong to the Seoul National Defense (E; hereinafter “E”) in order to move the military unit D (E; hereinafter “E”) from the Plaintiff on October 29, 2002, the Plaintiff acquired the share of the instant land from the Plaintiff on November 1, 2002, and completed the registration of ownership transfer in its name.

B. (1) According to the progress of the relocation project of this case, according to the original plan of the relocation project of this case, E was unable to carry out the said relocation project after the E transfer plan was disclosed to the media, due to the heavy opposition of the Shicheon-si and the Shicheon-do citizens, by adding up the surrounding green areas at 6.20,000 square meters of the land that can be constructed among 22.70,000 square meters of the land expropriated of this case, the actual area of the site for military facilities was 1.30,000 square meters, and the remaining 1.40,000 square meters was purchased for military boundary and training.

(2) As a result, on November 4, 2005, the Ministry of National Defense, the Director of Military Installations, and the Vice Chairman, etc. organized a multilateral consultative body and convened meetings several times. On November 4, 2005, the E purchased the remaining land excluding the above 5.60,000 square meters out of the instant land subject to expropriation for the purpose of public works (H creation), and on the basis of the agreement that the Working-level Council shall decide on the purchase area, timing, method, etc. (hereinafter “the instant multilateral agreement”).

(3) On the other hand, the defendant of this case.