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(영문) 의정부지방법원 2016.02.17 2014가단107352
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In accordance with the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages, the Defendant, as a project implementer of the DNA road expansion and packing work, is from January 200 to December 2005, 200, the road project of this case was conducted from January 200 to December 2005, by expanding and packaging the existing village farming route leading to the point 6 of both cities/Dos of both cities from the point 56 lines to the point 6 lines of both cities/Dos.

B. On December 12, 2001, the Defendant purchased land from the Plaintiff under the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (amended by Act No. 6656, Feb. 4, 2002; hereinafter “the Public Special Act”), and completed the registration of ownership transfer on the instant land on December 19, 201.

C. On the other hand, on December 30, 2004, the Minister of Construction and Transportation, including the land in this case, designated and publicly announced C, F, B, G, and H as an “I housing site development area.” On March 30, 2007, the said one was designated as a “J” housing site development area and approved the housing site development plan. Korea Land Corporation (hereinafter “Korea Land & Housing Corporation”) was merged with the Korea National Housing Corporation on October 1, 2009 and became the Korea Land & Housing Corporation (hereinafter “Korea Land & Housing Corporation”) as an executor.

On September 21, 2007, the Minister of Construction and Transportation designated and publicly notified each area of the above I housing site development project and the non-party Corporation's "K" housing site development project as a 'L site development area', and approved the implementation plan of L housing site development project on December 31, 2007 and publicly notified it.

E. According to the land use plan regarding the instant land that the Nonparty Corporation prescribed while conducting the instant housing site development project, the instant land was determined as natural green area and Class-III general residential area, and currently, the housing site development project was being conducted in accordance with the instant housing site development project.

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