beta
(영문) 수원지방법원 2019.03.22 2018가합14772

손해배상(기)

Text

1. The Defendant: (a) against Plaintiff A and B, KRW 346,406,791, Plaintiff C, D, and E, respectively, and each of the said KRW 230,937,858, respectively. < Amended by Act No. 12393, Apr. 2, 2014>

Reasons

1. Factual basis

A. On February 19, 2003, the Suwon City Mayor decided and publicly notified the Suwon Urban Management Plan concerning the establishment of F Elementary Schools pursuant to the National Land Planning and Utilization Act (G public notice in Suwon City), and announced the alteration thereof on September 29, 2003.

(H) The project implementer of the above urban management plan is the head of the Gyeonggi-do Office of Education in Suwon-si, and the project site is the head of the Gu Office of Education in Suwon-si and the head of the Gu office of project execution is the 12,045 square meters of land, both J and 11 square meters.

(hereinafter referred to as the “F Elementary School Project”). (b)

On April 21, 2004, the Defendant completed the registration of ownership transfer on April 13, 2004 with respect to F elementary school business as to the land of 358 square meters prior to K, L 471 square meters prior to L, M 605 square meters prior to M, 535 square meters prior to N, and 2,526 square meters prior to J (hereinafter “each land of this case”).

As to each land of this case, Plaintiff A and B had 3/12 shares, Plaintiff C, D, and E had 2/12 shares.

C. On January 6, 2006, the Minister of Construction and Transportation approved and publicly notified the housing site development plan for the planned area for the housing site development including each land in this case according to the Housing Site Development Promotion Act (Public Notice P), and on December 20, 206, approved and publicly notified the implementation plan for the housing site development project for the O zone by partially modifying the above plan.

(Public Notice of the Ministry of Construction and Transportation). A modified area for housing site development is one of the 3,116,341 square meters in Suwon-si, Suwon-si, Kudong, Sdong and Tdong, and the project operator is the president of the Korea National Housing Corporation.

The Ministry of Construction and Transportation published Q shall abolish the establishment (area 12,580 square meters) of the F Elementary School (area 12,580 square meters) already determined, and include the establishment of a middle school with an area of 15,335 square meters including each land of this case, which is the business site.

In accordance with the Housing Site Development Project, the Defendant established Umiddle Schools in the existing FH elementary school project site in accordance with the Housing Site Development Project, and opened the project in 2007. Of each of the instant lands, the N. 535 square meters is located outside the above school fence, and the Korea Land and Housing Corporation carries out the Bogeumjari Housing Project (O district 9 tea, 14006).