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(영문) 대구지방법원 2015.01.08 2014가합205007
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is entitled to expropriate land owned by the Plaintiff and use land as a project site for urban planning facilities (park) (hereinafter “instant land”). The Plaintiff is entitled to share of 922/1219 square meters among 1,219 square meters of B forest land B in Gyeonggi-si and C forest land (hereinafter “instant land”).

2) On April 2, 1973, the decision of the “Dsan Park” urban planning facilities (parks) was made on April 2, 1973, and the authorization of the implementation plan for the urban planning facilities (parks) project on September 27, 1999. The instant land was incorporated into the site for the said urban planning facilities (parks) project.

3) On October 12, 2002, the Defendant: (a) expropriated the instant land for the said urban planning facility project; and (b) completed the registration of ownership transfer on October 16, 2002; (c) the instant land was converted on October 28, 2003 into registration conversion on June 30, 200 with the area of 6,545 square meters for E forest land in Busan Special Metropolitan City, Busan Special Metropolitan City on October 28, 2003; and (d) the area of the instant land was 6,600 square meters for 6,545 square meters.

On October 6, 2009, the area of the said E forest was divided into 4,375 square meters in the said E forest, 404 square meters in the I forest, J forest, 1,715 square meters in the forest, and 106 square meters in the said forest. In other words, on July 2, 2012, the area of the said E forest was 5,375 square meters in the said forest, and the area of the said E forest was 5,015 square meters in the said forest.

On August 1, 2012, the forest land of the above E 5,015 square meters was subject to registration conversion into 5,016 square meters of forest land in Busan-si.

and used in urban planning facilities (parks) projects.

(hereinafter referred to as “instant E land” in Busan City. B.

1) On April 13, 2009, the Gyeongbuk-do Governor decided to exclude the instant E land, etc. used for urban planning facilities (parks) projects. On April 20, 2009, the Gyeongsan-do Mayor revised the urban management plan to newly build a F Eup office, a public office building, on the land of this case, including the instant land, on April 20, 2009, and publicly announced the amendment of the urban management plan and the implementation plan for the urban planning facilities (city G), and Articles 88 and 91 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

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