beta
(영문) 의정부지방법원 2016.02.16 2014가합51340

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, as a project implementer of the D road expansion and paving work, creating a road of 2.96 km in length and 12 meters in width from the two cities to the two cities, expanding and packaging the existing village farming road from the two cities to the three cities in both cities (hereinafter “road project in this case”), was running the road project in this case from January 200 to December 2005.

B. On May 3, 2001, the Defendant purchased from the Plaintiff on May 3, 2001 the land of this case E 894 square meters (hereinafter “instant land”) from the Plaintiff in Yangju-si under the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (amended by Act No. 6656, Feb. 4, 2002; hereinafter “Special Act”), and paid the Plaintiff KRW 77,78,000 in total as compensation, and completed the registration of ownership transfer on May 11, 201, based on a consultation for public land acquisition.

In addition, on June 2, 2001, the Defendant, as the remaining land of this case, purchased the said F. F. F. F.M. owned by the Plaintiff from the Plaintiff and paid KRW 15,225,00 as compensation to the Plaintiff, and completed the registration of ownership transfer on the ground of a consultation on public land on June 15, 201.

C. On the other hand, around December 30, 2004, the Minister of Construction and Transportation, including the land in this case, designated and publicly announced G, H, I, J, and K as a prospective housing site development area (M publicly announced by the Minister of Construction and Transportation) and on March 30, 2007, designated the above one as a prospective housing site development area (the 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 Korea Land and Housing Corporation became the Korea Land and Housing Corporation after the merger; hereinafter referred to as the "Korea Land and Housing Corporation") as an implementer.

(Public Notice of Ministry of Construction and Transportation P).

After September 21, 2007, the Minister of Construction and Transportation conducted the housing site development project and Q.