손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Basic Facts
On September 9, 1988, the Plaintiff completed the registration of transfer of ownership based on the sale of Songpa-gu Seoul Metropolitan Government 229 square meters (hereinafter “instant land”).
On July 4, 2001, the defendant decided the urban planning project (public land) and the G Road Expansion Corporation (public land) project in Songpa-gu Seoul, Songpa-gu, Seoul, including the land in this case as E-Announcement of Songpa-gu. On December 5, 2001, the defendant approved the implementation plan of the said project as F for Notification of Songpa-gu on December 5 of the same year.
(hereinafter referred to as “instant urban planning facility project” for a project under the said implementation plan.
The Defendant acquired the instant land through consultation for the purpose of the instant urban planning facility project under 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; Act No. 6656, Jan. 1, 2003) and paid the Plaintiff KRW 57,229,000 as land compensation, and on November 20, 2001, the ownership transfer registration was completed for the Defendant’s land acquisition by consultation.
On May 7, 2005, the Minister of Construction and Transportation, on the part of the implementer of the Ministry of Construction and Transportation announced 1.5. 1. K National Rental Housing Complex (SH), designated the Songpa-gu Seoul Special Metropolitan City Hdong as a planned district for K National Rental Housing Complex (K). On December 29, 2005, he approved and announced the implementation plan for it as J on December 29, 2005.
(hereinafter referred to as “instant rental housing construction project” for the project under this implementation plan.
On April 2, 2007, E.S. completed the registration of ownership transfer based on a consultation acquisition of the land for public use on February 20, 2007.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 13, the purport of the whole pleadings, and the occurrence of damages liability
A. (1) The Act on Special Cases concerning the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) was repealed on January 1, 2003.