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(영문) 서울고등법원 2016.12.07 2016나2059462
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The project approval and the public notice C Urban Development Project Association (hereinafter “SP”) obtained the approval of the implementation plan from the GUP to implement an urban planning facility project (E, F road construction works, and hereinafter “instant project”) in the land located in the Yeongdeungpo-gu Seoul Special Metropolitan City (hereinafter “SP”) and the GUP publicly notified on March 19, 2009. The GUP publicly announced on March 19, 2009.

B. (i) The non-party association filed an application for adjudication of expropriation with the local Land Tribunal of Gyeonggi-do against the Defendant, etc., who agreed with the owners of one parcel of land located in Yeongdeungpo-gu Ddong, Young-gu, including the Defendant for the execution of the instant project, but did not make a purchase by consultation.

B. At the time of Doll, the Defendant owned a group of land owned of 1,531 square meters prior to H, 122 square meters prior to I, 29 square meters prior to J, 5,490 square meters of K forest, 1,354 square meters of L forest, M forest, 5,203 square meters of forest, and 1 square meters of N forest and forest.

On September 13, 2010, the Gyeonggi-do Regional Land Tribunal made an adjudication to accept the following contents:

Accordingly, among the land owned by the Defendant, the 1,531 square meters and 5,490 square meters (hereinafter “the remaining land of this case”) of the Sinsi-si H was excluded from the subject of expropriation.

1. Objects to be admitted: 122 square meters prior to the YY-si I, the 29 square meters prior to J, the 1,354 square meters of L Forest, M forest, the 5,203 square meters of forest, and one m203 square meters of N forest (hereinafter referred to as “land to be expropriated in this case”);

2. The starting date of expropriation: on October 13, 2010, the compensation for losses: 6,788,370,000 won and the defendant raised an objection to the purport that they would purchase the remaining maps of the instant adjudication on expropriation. However, the Central Land Tribunal rendered a ruling dismissing the defendant's objection on February 18, 201.

C. As such, when the Defendant’s objection to the ruling of acceptance was rejected as to the conclusion of the delegation contract, the Defendant, on March 15, 201, shall enter into a delegation agreement with the Plaintiff on March 15, 201 to institute an administrative litigation.

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