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(영문) 서울동부지방법원 2015.12.22 2015가단112918
손해배상(기)
Text

1. The Defendant’s KRW 80,797,600 and the Plaintiff’s annual rate of KRW 5% from May 11, 2011 to October 21, 2015.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap's evidence, evidence Nos. 1, 2, 3, 4, 9, Eul's evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings);

A. 1 Acquisition of land owned by the Plaintiff 1) The head of Gangdong-gu (hereinafter referred to as the “Defendant”) does not distinguish between the Defendant and the head of Gangdong-gu for convenience and all of them are

The former Urban Planning Act (amended by Act No. 6655, Feb. 4, 2002; hereinafter the same shall apply) on July 5, 2000.

[2] Pursuant to Defendant Notice, the change of the administrative district in Gangdong-gu Seoul Metropolitan Government C ( July 3, 2007, hereinafter the same shall apply) to D

(E) A total of 136 square meters prior to E was merged with F roads on November 14, 2002.

hereinafter referred to as “instant land”

The urban planning and cadastral approval was determined and publicly announced on December 11, 200 to proceed with the expansion of access roads to housing areas in G through H, including the above group of G through H, and the above urban planning project (hereinafter “instant road construction project”) on December 11, 200.

(2) On May 15, 2001, on May 11, 2001, on the instant land owned by the Plaintiff, the Defendant entered into a land sale contract with the purchase price of KRW 23,514,400 in accordance with the Public Use and Compensation Act, and the Defendant completed the registration of ownership transfer of the instant land on May 11, 2001 due to the acquisition of the said public land by agreement, and thereafter, on May 11, 2001, the Plaintiff received the purchase price from the Defendant.

B. After November 10, 2003, the Seoul Special Metropolitan City Mayor (hereinafter the same shall apply) has been amended by the former Urban Development Act (Law No. 6916 of May 29, 2003) (No. 6916 of November 30, 2003) after the urban development project of Seoul Special Metropolitan City.

The residential environment is developed and improved by developing and improving the underdeveloped village area.

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