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(영문) 서울고등법원 2015.07.24 2015나2013452
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On June 26, 2006, the Minister of Construction and Transportation, under Article 2006-219 of the Ministry of Construction and Transportation’s notification on June 26, 2006, designated the area of 894,000 square meters in Sungnam-gu, Sungnam-gu, Sungnam-gu as “prearranged area for national rental housing complex for Seongdong-gu, Sungnam-gu, Seoul, as “prearranged National Rental Housing Complex,” and publicly notified the contents of the development plan for the above national rental housing complex (hereinafter “instant development plan”).

The "plan for population and housing to be expropriated" of the development plan of this case is allocated only to detached houses and multi-family houses in housing construction sites, and commercial areas have not been allocated.

B. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter the same shall apply) that is the above industrial complex development project, shall establish an implementation plan for the industrial complex development project that embodys the development plan of this case and obtain the approval from the Minister of Construction and Transportation under Article 206-660 of the Ministry of Construction and Transportation on January 4, 2007.

After November 9, 2007, the above development plan and implementation plan were approved for each modification under the Ministry of Construction and Transportation Notice No. 2007-494.

The purpose other than the permitted purpose of non-use of buildings allowed to be constructed within the relevant specific use area pursuant to Article 71(1)9 of the Enforcement Decree of the National Land Planning and Utilization Act and Article 40 of the Municipal Ordinance of Sungnam-si, Sungnam-si, of the content of the classification plan (household number) 1 C1-C10, and the purpose of non-use of the relevant land pursuant to other Acts and subordinate statutes

C. The Class 1 district unit plan formulated and prepared by the Defendant as a part of the above implementation plan or its sub-guidelines, with respect to commercial land under the development plan of this case, the following uses were indicated.

In order to sell commercial land located within the said planned area through competitive bidding on the Internet homepage called "land subscription system" established by the defendant, the defendant from July 22, 2010 to August 13, 2010.

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