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(영문) 서울중앙지방법원 2018.04.18 2017가합559867
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant purchased each land indicated in the column of land (hereinafter “each of the instant land”) in the attached Form No. 1 for the purpose of the “AE Corporation” (hereinafter “AE Corporation”) which is a public project performed by the Defendant from around 2001 to 2003, from the original owner column in the attached Form No. 1 for the road construction project, and completed the registration of ownership transfer under the Defendant’s name as a result of consultation on each date indicated in the Defendant’s acquisition column in the attached Table No. 1 for the same Table, and thereafter the road was constructed on each of the instant land.

B. On June 26, 2006, pursuant to the former Act on Special Measures for the Construction, etc. of National Rental Housing, the Minister of Construction and Transportation publicly announced the Korea National Housing Corporation as AF, the project implementer, designated and publicly announced the land of 894,000 square meters in the land of the Jung-gu Seoul Special Metropolitan City, Seongdong-gu, Seoul Special Metropolitan City, AH Dong, AI Dong, and branch-dong AJdong as AK district. On January 4, 2007, the Minister of Construction and Transportation announced the designation, alteration and implementation plan of the said Prearranged district as AK district, and announced the designation, alteration and alteration approval of the said Prearranged district as AM announced by the Ministry of Construction and Transportation on November 9, 207.

(hereinafter referred to as “instant national rental housing construction project”). [Grounds for recognition] : (A) without dispute; (b) entry in Gap’s Evidence Nos. 1 through 5, 7 through 10; and (c) Eul’s Evidence Nos. 7 and 8 (including each number; hereinafter the same shall apply); and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiffs' assertion that the road construction project of this case was abolished or modified by the approval and public notice of the implementation plan of the national rental housing construction project of this case. In the event that the original public works are discontinued, a repurchase right is created immediately, and regardless of whether the roads installed on each of the land of this case are continuously used in the public, a repurchase right was created on each of the land of this case around January 4, 2007, which is the date of approval and public notice of the implementation plan of the national rental

2.

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