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(영문) 서울중앙지방법원 2017.03.31 2016가단5140592

손해배상(기)

Text

1. As to the Plaintiff KRW 164,094,00 and KRW 50,000 among them, the Defendant shall start from October 14, 2013 to June 28, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s expropriation of the instant land is the Plaintiff’s “instant land” in the aggregate of the three parcels of land, namely, Dongcheon-si B 231 square meters, C forest and field 9 square meters, D forest and field 2,975 square meters (hereinafter “instant land”).

2) On June 3, 2002, the Defendant approved and publicly notified the plan for national defense and military installation projects (hereinafter “instant land”) with the Ministry of National Defense’s public notice as to the land of Overcheon City, G and 301 (hereinafter “instant land”). On October 14, 2003, the Defendant accepted the instant land on October 23, 2003 and completed the registration of ownership transfer on October 23, 2003.

B. According to the reduction of the plan for the relocation project of this case and the plan for the relocation project of this case 1) according to the original plan of the relocation project of this case, the area of the land actually used for military facilities shall be 1.30,000 square meters by adding up the surrounding green areas around 6.2,00,000 square meters of the land to 22.70,000 square meters of the land expropriated of this case, and the remaining 1.40,000 square meters shall be purchased for military boundaries and training grounds. However, the F Transfer plan was disclosed to the media, and the F did not carry out the above relocation project. 2) When the relocation project of this case was delayed, the Defendant, as the first announcement of the Ministry of National Defense on September 25, 2006, publicly announced the approval of the national defense and military facilities project plan to be extended for two years until December 31, 2008 (amended).

In addition, F means that approximately 58,029 square meters of the land of this case move only the essential facilities except for outdoor training grounds, etc. among the land expropriated in this case (hereinafter the above 58,029 square meters out of the land expropriated in this case shall be referred to as “the instant land reduction site,” and the remaining parts shall be referred to as “the instant unused site”), and on June 4, 2008, F divided the land expropriated in this case into the instant land on the basis of the boundary line of the reduced site in this case and transferred F to the reduced site in this case on November 208.