beta
(영문) 서울중앙지방법원 2016.12.16 2015가합541442

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 March 8, 2011, the Plaintiff acquired land ownership and newly built a building (hereinafter “B”) and the Plaintiff is called the Incheon Reinforcement Bri (hereinafter “Bri”).

() On April 20, 201, C road 7 square meters, ② D large 62 square meters, ③ E large 480 square meters, ④ F large 533 square meters, ⑤ G road 377 square meters, ② 1,070 square meters before H, 76 square meters before I, 80 square meters before J, and 92 square meters of K forest 672 square meters, respectively. Each of the above lands (hereinafter “each of the instant lands”).

2) The Plaintiff newly constructed each of the instant housing units on E and D’s ground, 95.49 square meters of reinforced concrete structure, 195.49 square meters of reinforced concrete structure, 195.49 square meters of reinforced concrete structure, 195.49 square meters of collective housing on F’s ground (hereinafter “instant housing units 1 and 2,” and collectively referred to as “each of the instant housing units”). On October 4, 2012, the Plaintiff obtained approval for the use of each of the instant housing units.

B. On December 29, 201, the head of the Gun to strengthen the implementation of L development projects and the construction of an indoor camping practice hall (hereinafter “Mri”) shall be deemed as “Mri-ri” in Incheon reinforced Gun (hereinafter “Mri-ri”).

(2) On June 18, 2013, a public announcement was issued on the determination of an urban management plan (urban planning facilities: sports facilities) that newly constructs public cultural and sports facilities on a 115,386 square meters of Nilwon. On June 18, 2013, a public announcement was made on the determination of an urban management plan that alters the project area into 118,086 square meters of a design modification project due to securing a space for installing a large storage site and changing the location of a campground (a auxiliary practice room). (2) The Defendant was a project implementer for two zones (a approximately 86,413 square meters) of a Nilwon L Development Project, and began on September 28, 2012.

3) On November 20, 2013, the Defendant obtained a building permit for 86,762 square meters high-rise P, and obtained approval for the use of the above building on December 24, 2014, P consists of a main stadium, auxiliary stadium, indoor camping practice room, dormitory, and indoor camping practice hall (hereinafter “instant practice hall”) among them, is located in the part above the indication of the attached drawing.

[Ground of recognition] A.