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(영문) 수원지방법원 2020.01.15 2018가합23127
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was the owner of each land listed in the separate sheet (hereinafter “instant land”). On October 2, 2006, the Defendant became the implementer of the local road E-D road construction project (hereinafter “road project in this case”), which newly constructs a road of 12 meters wide from the 3km section of the 3km section from the e-D in the e-road in the 3km City by the Gyeonggi-do public notice B of October 2, 2006.

B. On May 29, 2008, the Defendant acquired the instant land from the Plaintiff through consultation, paid KRW 745,189,300 to the Plaintiff with compensation for the acquisition through consultation, completed the registration of ownership transfer on June 9, 2008 for the acquisition of public land, and commenced the construction of the instant road project on June 26, 2008.

C. On June 3, 2009, the Governor of the Gyeonggi-do approved and publicly notified an industrial complex plan for a project to develop the Filwon (1,850,269 square meters) (hereinafter “instant development project”) which includes the instant land as a G industrial complex. He/she became the executor of the instant development project, and the Defendant transferred the instant land to HA and I Corporation without compensation on April 9, 2010.

On November 2012, the Defendant applied for the permission of the Governor of the Gyeonggi-do to grant some sections (2.3km) from the previous two lanes to the three-lanes in preparation for the increase in the traffic volume as a result of the commencement of the instant development project with respect to the instant road project, and from December 31, 2012 to December 31, 2014. The Governor of the Gyeonggi-do permitted the said application on April 30, 2012, and announced it to the Gyeonggi-do public notice on July 10, 2013. The Defendant applied for the completion inspection on the confirmation and packing of the local road E-D road construction project to the Governor of the Gyeonggi-do on December 23, 2014, and the Governor of the Gyeonggi-do completed the completion inspection on August 5, 2015.

E. On the other hand, the Governor of the Gyeonggi-do approved the completion of the instant development project on August 5, 2016 and publicly announced it, and the instant case.

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