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(영문) 서울고등법원 2020.05.07 2019나2051469

손해배상(기)

Text

The judgment of the first instance shall be revoked.

All of the plaintiffs' claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs owned each land as indicated below (hereinafter “each of the instant land”) around 2003.

Plaintiff

The Seodaemun-gu Seoul, Seodaemun-gu, Seoul 56.2m2m2, Seodaemun-gu, Seoul, F.39.7m2 m2, Seodaemun-gu, Seodaemun-gu, Seoul, Seodaemun-gu, Seoul Gabro 5.2m2m2 m2, Seodae-gu, Seoul Habro 31.7m2

B. On May 20, 2002, the defendant head of the Gu publicly announced the approval of the implementation plan of the urban planning facility project (road project) related to the “construction of two roads outside J and K” (hereinafter “the road project in this case”).

The Defendant paid compensation for each of the instant lands included in the instant road project site to the Plaintiffs as indicated below, and completed the registration of ownership transfer due to a consultation on the acquisition of public land, and constructed a road.

Plaintiff

C. 52,153,600 won on June 5, 2003, A on June 3, 2003, B on May 14, 2003, KRW 36,841,600 on May 16, 2003, C. 56,745,600 on July 10, 2003, D on June 23, 2003, 203

C. On June 25, 2004, the Defendant head of the Gu announced the implementation plan of the instant parking lot project as L on May 12, 2005, for the purpose of providing parking convenience and improving the residential environment by resolving parking problems caused by multi-household housing concentrated areas. The Defendant publicly announced the approval of the instant parking lot project implementation plan as L.

After that, the Defendant established a public parking lot (hereinafter referred to as “instant parking lot”) after which each of the instant land used as a road, including the parking lot site.

On October 19, 2006, the Mayor of Seoul Special Metropolitan City designated the Seodaemun-gu Seoul Special Metropolitan City O-Japan as urban renewal acceleration district on October 19, 2006, including the land in this case as N-ro notified by the Seoul Special Metropolitan City, and on February 5, 2008, "the alteration of urban renewal acceleration district, the alteration of urban renewal acceleration plan and the alteration of urban renewal acceleration plan, including the land in this case, are below the contents of the cancellation of the parking