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(영문) 서울동부지방법원 2019.06.13 2018가합113490
손해배상(기)
Text

1. On March 14, 2013, the defendant filed a claim against the plaintiffs for each of the above amounts and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff (1) and B owned the land owned by the Plaintiffs: (a) owned the ownership of each share of 826.5/3471 square meters of 496 square meters of D forest land, E forest land, 1,587 square meters of f forest land, and F forest land 1,388 square meters; and (b) Plaintiff C was the owner of the land of 605 square meters of G paddy-si and H field 502 square meters of 605 square meters (hereinafter the above five lots of land “each of the instant land”).

(2) On June 3, 2002, the Defendant approved and publicly notified a plan for national defense and military installation projects (hereinafter “the relocation project of this case”) with the notice of the Ministry of National Defense for approximately 22.70,000 square meters (hereinafter “land to be expropriated”) in order to move the I unit (J, hereinafter “J”), and completed the registration of ownership transfer from the Plaintiff A and B on March 10, 2003 pursuant to the Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation Therefor (repealed by Act No. 6656, Feb. 4, 2002), and completed the registration of ownership transfer under the same name as the Plaintiff A and B, E-1,587 square meters of land, F forest and forest, 1,388 square meters of land, 826.5/3471 square meters of land from the Plaintiff C, 605 square meters of land between G and G, and 142 square meters of land under the same name.

B. (1) The progress of the instant relocation project and the instant relocation project plan were as follows: (a) the actual area of the site used for military facilities was 1.30,000 square meters by adding up the surrounding green areas around 6.20,000 square meters of the land to which the instant land was expropriated; and (b) the remainder of 11.40,000 square meters was purchased for military boundary and training; (c) the said J relocation plan was open to the media after the public, and (d) the J did not proceed with the said relocation project due to the extreme opposition of the Shicheon-si and the Shicheon citizens.

(2) As a result, J on November 4, 2005 set up a multilateral panel and convened meetings several times, such as the overcheon City, the overcheon City Council delegate, the overcheon Citizens' Representatives, the Director of Military Installations of the Ministry of National Defense, and the Chief of J on November 4, 2005, the purpose of the public works (M creation) is to cover the remaining site excluding the above 5.6 million square meters out of the land expropriated in the instant case.

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