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(영문) 의정부지방법원 2019.05.21 2017구합13115
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s housing site development project (hereinafter “A housing site development project”) was implemented from around 2006 to the Plaintiff’s implementation plan as a part of measures to improve metropolitan transportation, and the Plaintiff’s implementation plan was authorized as a project implementer of “B construction project” (hereinafter “road construction project”), which is an urban planning facility project, from the Namyang-si city around December 2008, as part of measures to improve metropolitan transportation.

(Public Notice C). From May 201 to August 2012, 2011, the Plaintiff acquired ownership through consultation or adjudication of expropriation with respect to each of the lands listed in the separate sheet of land incorporated into the instant road construction project site (hereinafter “each of the instant lands”) and completed the registration of ownership transfer in the name of the Plaintiff.

In the event that the Ministry of Land, Infrastructure and Transport (the previous name is the Ministry of Land, Transport and Maritime Affairs) (the Ministry of Land, Transport and Maritime Affairs), which is the competent authority for the project, obtains the ownership of the project site through a compensation consultation or expropriation and provides it to F Co., Ltd., the project implementer, after installing a road facility in the project site provided, transfers the ownership of the facility to the competent authority for 30 years, obtains the right to manage and operate the road for 30 years, and collects the investment from the user fees.

The Defendant was delegated by the Ministry of Land, Infrastructure and Transport with the authority to manage the instant expressway project and compensate for land.

However, according to the execution plan of the instant expressway business, some of the G connected sections of the said expressway overlap with some of the roads to be newly constructed and expanded by the road construction project of this case, and as a result, each of the instant land was in question.

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