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(영문) 서울동부지방법원 2018.10.10 2018가단105881

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. On October 5, 1987, the Plaintiff purchased 1/2 shares in B B in Gwangjin-gu in Seoul Special Metropolitan City (hereinafter “Road” as of March 22, 2005) and completed the registration of transfer of shares on the same day. On October 27, 1993, the Plaintiff independently owned the instant land by completing the registration of total transfer of shares on December 17, 2002 with respect to the remaining 1/2 shares in the instant land due to the inheritance by consultation division.

B. On October 10, 2001, the head of Gwangjin-gu Seoul Special Metropolitan City(hereinafter “Defendant”) approved and publicly notified the urban planning facility project (road project) project (road project) with a width of 6 meters between Seoul and D and an extension of 86 meters including the instant land.

C. Accordingly, the Defendant acquired the instant land through consultation on February 17, 2003 under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and completed the registration of ownership transfer accordingly on the same day.

On July 3, 2008, the Mayor of Seoul Special Metropolitan City designated and publicly announced E-Japan 39,497 square meters as a F-Housing Reconstruction Improvement Project Zone (hereinafter “instant rearrangement Project”), including the details of abolition of the determination of urban planning facilities as to the instant land zone as to the instant land zone on July 3, 2008 (Seoul Special Metropolitan City public notice G), and the Defendant approved the said project implementation plan on August 1, 201.

(H) Seoul Special Minejin-gu Public Notice (Seoul Special Mine-gu Public Notice: Fact that there is no dispute, entries in Gap 1 through 4 and purport of the whole pleadings)

2. The assertion and judgment

A. On August 1, 2011, the Plaintiff’s summary of the assertion was publicly announced by the Defendant on August 1, 201, to authorize the implementation of the instant road project on the instant land including the instant land and discontinued the instant road project, and thus, the instant land was no longer necessary for the instant road project, which is the initial purpose of acquiring consultation, and it was the date of acquisition of the land under Article 91(