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(영문) 서울고등법원 2015.04.16 2014나2007542

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. In accordance with the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages, the Defendant, as a project implementer of the construction of the road expansion and paving work between Gaam-si, which is creating a road of 2.96km in length and a width of 12m from the 56th line of the central map of Yangju-si to the 6th line of Dong-dong, Yangju-si, Yangju-si, to the 6th line of Dong-dong, Yangju-si, the road project of this case from January 200 to December 2005.

B. The defendant on March 30, 2002 owned by the plaintiff on March 30, 2002 to implement the road project of this case

1. Each of the lands listed in the list (hereinafter “each of the instant lands”) is purchased by consultation pursuant to the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (repealed by Act No. 6656, Feb. 4, 2002; hereinafter “Public Special Act”) and pays the Plaintiff a total of KRW 162,83,500 as compensation, and the registration of ownership transfer for each of the instant lands on April 11, 2002 was completed on March 30, 2002 by consultation with the Defendant.

C. On the other hand, around December 30, 2004, the Minister of Construction and Transportation, including each of the land in this case, designated and publicly announced the general housing site development area of the Gyeyang-si, Goamdong, Goamdong, Maamdong, Hodong, Hodong, and Solim sublim as the "Yyang-si Housing Housing Development Area" (Public Notice No. 2004-432 of the Ministry of Construction and Transportation). On March 30, 2007, the above Japan designated the housing site development plan as the "Yyang-si City (Mayang-si)" area (total area of 6,395,246 square meters) and approved the housing site development plan. The Korea Land and Housing Corporation (the Korea Land and Housing Corporation was merged with the Korea National Housing Corporation on October 1, 2009, and the total area before and after the merger was designated and publicly notified as the implementer of the Korea Land and Housing Corporation (the "Song-si Construction Corporation").

(Public Notice of Ministry of Construction and Transportation No. 2007-100).

After September 21, 2007, the Minister of Construction and Transportation shall collectively include the housing site development project of Gyeyang-gu and the respective planned areas for the housing site development project of Gyeyang-gu, which are implemented by the non-party Corporation.