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(영문) 의정부지방법원 2015.05.21 2014가단102715

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. In accordance with the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages, the Defendant is a project implementer of the road expansion and packing work between BC creating a road of 2.96 km in length and 12 meters in width (hereinafter “road project in this case”), which is a project implementer from January 200 to December 2005, the road project in this case was conducted from January 200 to December 2005.

B. On April 8, 2002, the Defendant purchased land from the Plaintiff in Yangju-si in accordance with the former Act on Special Cases Concerning the Acquisition of Land and Compensation for Loss (amended by Act No. 6656, Jan. 1, 2003; hereinafter “Special Act”), and completed the registration of ownership transfer on the instant land on April 16, 2002.

C. On December 30, 2004, the Minister of Construction and Transportation, including the instant land, designated and publicly announced E, F, G, H, H, and I as a prospective housing site development district of the J. On March 30, 2007, he designated the said one as a prospective housing site development district of the Korea Land Corporation (K) and designated the Korea Land Corporation (Korea National Housing Corporation after its merger with the Korea National Housing Corporation and the Korea Land Corporation became the Korea Land Corporation after its merger with the Korea Land Corporation; hereinafter the same shall apply) as an implementer. On September 21, 2007, the Ministry of Construction and Transportation designated the housing site development district of the Yangju City (K) and the non-party Corporation as a prospective housing site development district of the Yangju City (M) on December 31, 2007 and publicly announced the implementation plan of the said housing site development project of the Korea Land Development Corporation (hereinafter the “instant housing site development project”).

According to the land use plan confirmation as to the land of this case, the land of this case is stipulated as a quasi-residential area and currently under construction work and road construction work according to the housing site development project of this case.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3, 4, and Eul No. 1.