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(영문) 수원지방법원 2016.12.09 2016가합77663

손해배상(기)

Text

1. The Defendant: (a) KRW 224,956,04 for the Plaintiff and KRW 5% per annum from June 13, 2015 to July 5, 2016; and (b) for the Plaintiff.

Reasons

1. Basic facts

A. The Defendant acquired the Defendant’s project for road confirmation and packing and road site between the Northbuk-Seoul-si, and the Defendant acquired the Plaintiff’s land from the Plaintiff on March 29, 2004 (hereinafter “each land of this case”), and the Plaintiff acquired the ownership transfer registration of the land of this case on the following grounds: (a) the Plaintiff acquired the land of this case from the Plaintiff on March 29, 2004 by consultation, and the Plaintiff acquired the land of this case 138,120,00 won (hereinafter “each land of this case”) for compensation for the Plaintiff: (b) the Plaintiff acquired the land of this case by consultation with the Plaintiff on May 26, 200, as the project implementer of the Cheongbuk-Seoul-Seoul-si, which extended the 340km road of the 5.26km road from the Cheongbuk-si, Chungcheongnam-si, Chungcheongnam-si to the Seodong-si; and (c) the Plaintiff completed the ownership transfer registration of the land of this case.

B. The Minister of Construction and Transportation, on September 21, 2006, designated and publicly announced a total of KRW 17,461,000 square meters including each of the instant land as “H internationalization planned district and housing site development district” by the Defendant implementer and the Korea Land and Housing Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009; hereinafter “Korea Land and Housing Corporation”) as “HH internationalization planned district and housing site development district,” and on May 30, 2008, the Ministry of Land, Transport and Maritime Affairs announced the designation of a district in the existing H internationalization planned district and housing site development district as “H internationalization planned district and housing site development district,” as the announcement of the Ministry of Land, Transport and Maritime Affairs on May 30, 2008. A public announcement was made to change the designation of a district, change the implementer, and approve the development plan, such as adding the area to the implementer

(hereinafter referred to as “instant housing site development project”) and each of the instant lands was included in the site for the instant housing site development project.

C. The appraisal value of each of the instant lands and the land price fluctuation rate of the Defendant’s acquisition date of each of the instant lands.