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(영문) 서울서부지방법원 2017.11.08 2017가단204233

손해배상(기)

Text

1. The Defendant’s KRW 35,284,590 for the Plaintiff and KRW 5% per annum from March 30, 2012 to June 5, 2017.

Reasons

1. Determination as to the cause of claim

(a) The following facts of recognition may be acknowledged either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 7.

1) On May 10, 2001, the authorization of the implementation plan under Article 63 of the former Urban Planning Act (amended by Act No. 6655, Feb. 4, 2002; hereinafter the same) with respect to the construction project between Eunpyeong-gu Seoul and C (hereinafter “instant road project”) which is an urban planning facility project under the former Urban Planning Act (amended by Act No. 6655, Feb. 4, 2002) was publicly notified.

B) The defendant is the operator of the road project in this case, and is prior to the repeal by the former Land Expropriation Act (amended by Act No. 6656 of Feb. 4, 2002, hereinafter the same).

(D) 50 square meters (hereinafter “the instant land”) of Eunpyeong-gu Seoul Metropolitan Government, where the Plaintiff owned 1/2 shares, is called “the instant land.”

(C) On March 30, 2002, the Plaintiff accepted the land as of March 30, 2002, and completed the registration of ownership transfer for reasons of this. At the time, the Plaintiff’s compensation for expropriation was KRW 11,773,500, and thereafter, on September 30, 2003, the instant land became land category “road” upon the annexation of the roads.

After that, the administrative district and the lot number of the roads E were changed to J roads on August 13, 2007.

2) On February 25, 2004, the Seoul Special Metropolitan City Mayor issued a development plan for an urban development project (hereinafter “H urban development project”) to designate 3,495,248 square meters of land in Eunpyeong-gu and Gdong as an urban development zone pursuant to Articles 3 and 4 of the former Urban Development Act (amended by Act No. 7715, Dec. 7, 2005; hereinafter the same) and to implement the urban development project in consecutive order by dividing the above zone into 1, 2, and 3 districts (hereinafter “H urban development project”), and publicly announced “approval of a development plan for designation and development plan as H urban development zone” as one publicly notified by the Seoul Special Metropolitan City Mayor pursuant to Article 9(1) of the former Urban Development Act.

(Project : Urban Development Corporation, Seoul Special Metropolitan City. The land in this case was included in two districts.

B. The Mayor of Seoul Special Metropolitan City following the former Urban Development Act.