손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Basic facts: (a) The Minister of Construction and Transportation, on July 10, 1997, made a decision on the change of road zones to implement the project to expand the green circulation highways from Gangdong-gu to Hanam-si (hereinafter “instant road project”) from Gangdong-gu to Hanam-si (hereinafter “instant road project”), and publicly notified the change of the road zone.
The Plaintiff’s spouse chain D owned 1,341 square meters prior to Gangdong-gu Seoul Metropolitan Government E (hereinafter “F”), but the name of the administrative district was changed from “F” to “G” on January 1, 2007, and the instant land was also incorporated into the instant road project zone.
In Korea, the Defendant entrusted the road project of this case with the execution of the road project of this case, pursuant to the former Act on Special Cases Concerning the Acquisition of Land for Public Use and Compensation for Loss (repealed by Act No. 6656, Feb. 4, 2002; hereinafter “former Act”), paid the Plaintiff KRW 196,456,500 (146,500 x 1,341 m2) as compensation. On April 9, 1998, the Defendant completed the registration of ownership transfer under the name of the Republic of Korea (the Defendant in the custody office) for the acquisition of land for public use by consultation on April 6, 1998.
On the other hand, the Republic of Korea, around that time, purchased 1,195 square meters adjacent to the instant land (hereinafter “J land”) and 368 square meters prior to Qgu Seoul Metropolitan Government (hereinafter “ Q land”) by consultation.
The location of the land adjacent to the instant land shall be as follows:
After that, according to the road project in this case, the connection roads to the lower part of the Hebridges, which pass through the Seoul metropolitan cycle Highway, and the road surface construction necessary for the maintenance and repair of roads (hereinafter “the instant side roads”) was conducted, and the land in this case was used as the roads and the amnestys as follows:
The land of this case is changed to a road on November 14, 2002 and its land category is combined with J land, and is Gangdong-gu Seoul Metropolitan Government E-Road 2.