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(영문) 수원지방법원안양지원 2020.11.26 2019가합104346

손해배상(기)

Text

The defendant's KRW 133,259,231 to the plaintiff and its related KRW 5% per annum from October 23, 2010 to November 26, 2020.

Reasons

1. Basic facts

A. Under Article 10(1) of the former Korea Water Resources Corporation Act (amended by Act No. 6366 of Jan. 16, 2001), the Defendant shall pay the Plaintiff the price of KRW 117,212,80,00 (hereinafter referred to as the “instant land”) under the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (amended by Act No. 6656 of Feb. 4, 2002; hereinafter referred to as the “Special Cases Act”) to use the land for the instant project site after obtaining approval of the implementation plan for the instant water supply project (hereinafter referred to as the “instant water supply project”).

8. The registration of ownership transfer regarding the above land shall be completed by consultation on the land for public use.

B. On June 10, 2005, the Minister of Construction and Transportation, including the instant land, designated and publicly notified the area D (F of the Ministry of Construction and Transportation) of 585,000 square meters in Ansan-si as a planned area for E housing complex during the period of Ansan-si, including the instant land, as a planned area for E housing complex. On January 2, 2007, the Minister changed the designation of a planned area for E housing complex, and at the same time, determined the implementer of E housing complex development project as the Korea National Housing Corporation (hereinafter “instant housing site development project”), and publicly notified

C. When the land of this case was incorporated into the site for the housing site development project of this case and it was impossible for the Defendant to use the waterway installed on the land of this case, on June 30, 2009, the Defendant entered into a transfer agreement with the Korea National Housing Corporation to install the irrigation conduits replacing the above irrigation conduits in another place, and completed the flow of the irrigation conduits on October 23, 2009.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence (including branch numbers, hereinafter the same shall apply), Eul 1 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim.