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(영문) 의정부지방법원 2016.03.17 2014가합50484

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

A. Under the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages, the Defendant, as a project implementer of the D Road Expansion and Packing Corporation, creating roads with a length of 2.96 km and a width of 12 km from the two cities to the two cities, expanding and packaging the existing village farming roads leading to the two Koreas (hereinafter “road project in this case”). From January 200 to December 2005, the Defendant continued the road project in this case.

52,00 won for land acquired by the sequence 1 E and 4m22 m2 F factory site: 10,894,000 m2 m26 m2 (unit price per m26 m2: 86,460 won) for G factory site 3 G 4,859,000 m2 (unit price per m2: 1,293,000 m2) for land for a 36m2 before H 4 H 36 m2 (unit price per m2: 35,916 won)

B. On June 18, 2002, the Defendant purchased land owned by the Plaintiff from the Plaintiff (hereinafter “each of the instant lands”) pursuant to the 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 “Public Special Act”) as indicated in the following table, and completed the registration of ownership transfer in the Defendant’s name on the ground of the acquisition of land for public use by consultation around July 4, 2002.

C. On December 30, 2004, the Minister of Construction and Transportation designated and publicly announced both I, J, K, L, and M as an “N” housing site development area, and on March 30, 2007, he designated and publicly announced the above whole unit as an “O” housing site development area (total size of 6,395,246 square meters) and approved the housing site development plan, as an implementer of Korea Land Corporation (the Korea National Housing Corporation was merged with the Korea National Housing Corporation on October 1, 2009, and the Korea Land and Housing Corporation became the Korea Land and Housing Corporation after being merged with the Korea National Housing Corporation on October 1, 2009).

Since then, on September 21, 2007, the Minister of Construction and Transportation designated and publicly notified the respective planned areas of the said “O” housing site development project and the “P” housing site development project implemented by the non-party construction project as a planned area for the housing site development of Q, and then on December 31, 2007, Q.