beta
(영문) 서울남부지방법원 2015.12.03 2015가합101642

손해배상(기)

Text

1. The Defendant: 5% per annum from September 11, 2008 to August 11, 2015, and August 12, 2015, to the Plaintiff. < Amended by Presidential Decree No. 26507, Aug. 12, 2015>

Reasons

1. Facts of recognition;

A. On July 10, 1997, the Minister of Construction and Transportation (hereinafter “Road Project”). On July 10, 1997, the project to expand the outer circulation Highway from Gangdong-gu to Hanam-si, Seoul (hereinafter “Road Project”).

(2) D owned a road zone of 1,341 square meters prior to Gangdong-gu Seoul Metropolitan Government E, but the name of the administrative district was changed from “F” to “G” on January 1, 2007; hereinafter “instant land”); and the said land was incorporated into the instant road project zone.

3) As between D and D on April 6, 1998, the Defendant entrusted the instant road project by the Republic of Korea, and the Republic of Korea agreed to acquire the instant land as a site for the instant road project. 4) The Defendant completed the registration of transfer of ownership in the name of the Republic of Korea (the Defendant in the custody of the Republic of Korea) on April 9, 1998 as to the instant land under the former Act on Special Cases Concerning the Acquisition of Land and Compensation for Loss (repealed by Act No. 6656, Feb. 4, 2002; hereinafter “former Special Cases”) on April 6, 1998, pursuant to the former Act on Special Cases Concerning the Acquisition of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 “former Special Cases”). At that time, D paid compensation for the acquisition of land through consultation.

5) Afterwards, the instant land was connected to the lower part of the Hebridged Road that passed the Habridged Highway, and the road surface construction necessary for the maintenance and repair of the roads (hereinafter “the instant land”), and the road and the gral road installed on the instant land are “the instant side roads”.

(6) On November 14, 2002, the land category of this case was changed to a road and combined with 1,195 square meters in Gangdong-gu Seoul J road, thereby becoming 2,536 square meters in Gangdong-gu, Seoul.

B. The Seoul Special Metropolitan City Mayor (hereinafter “Seoul Special Metropolitan City”) shall implement the K Urban Development Project on 1, 2003 under the Urban Development Act.

참조조문