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(영문) 서울중앙지방법원 2015.01.08 2012가합97098
통행로개설이행 등
Text

1. Defendant Republic of Korea: B road B 974m2, C road 3,074m2, D previous 305m2, E road 1,444m2, and F road 8.

Reasons

1. Basic facts

A. The Plaintiff is the owner of K forest land 38,479 square meters (hereinafter “K forest land in this case before the division”). Defendant Republic of Korea (the head of the Seoul Regional Construction and Management Administration) is the project implementer of the construction work of the Seoul-Chuncheon Expressway (L; hereinafter “instant expressway project”); Defendant Seoul-Chuncheon Expressway (hereinafter “Defendant Seoul-Chuncheon Expressway”) is the company established for the construction, management, and operation of the Seoul-Chuncheon Expressway; and Defendant Hyundai Industries Development Co., Ltd. (hereinafter “Defendant Hyundai Industries Development”) is the project implementer of the instant expressway project.

B. The Defendant Republic of Korea incorporated part 7,575 square meters out of the instant K forest before the division into a road for the implementation of the instant expressway project. Accordingly, the instant K forest was divided into three lots of land, 29,647 square meters of K forest and field (hereinafter “instant K forest”) and 7,575 square meters of G forest and forest (the land incorporated into the instant highway project; hereinafter “instant G forest”) and 1,257 square meters of M forest and forest (hereinafter “the instant G forest”) and 1,257 square meters of land (hereinafter “J forest and field”) on February 12, 2008; hereinafter “J forest and field”).

C. Although Defendant Republic of Korea consulted with the Plaintiff on the land to be incorporated in the instant expressway project and its ground objects, it did not reach an agreement.

Accordingly, Defendant Republic of Korea filed an application for adjudication to expropriate the said land with the Central Land Expropriation Committee around 2006. On December 15, 2006, the Central Land Expropriation Committee accepted 7,575 square meters of the instant G G G forest, and determined the compensation amount for the said land and the land on the ground, and decided to expropriate the said land on February 2, 2007.

At the time of the above ruling of expropriation, the Central Land Tribunal shall designate the land to be expropriated as “water sources” and “miscellaneous land” instead of “forest” according to the actual state of use.

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