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(영문) 서울중앙지방법원 2018.05.15 2017가단5220228
손해배상(기)
Text

1. The Defendant’s KRW 56,801,147 as well as the Plaintiff’s annual rate from August 19, 2014 to January 17, 2018, and the following.

Reasons

Facts of recognition

A. On April 6, 2004, the Mayor of Gangseo-gu Seoul Metropolitan Government approved the implementation plan for the urban planning facility project (road) project in accordance with Article 88 of the former National Land Planning and Utilization Act (amended by Act No. 8250, Jan. 19, 2007; hereinafter “National Land Planning Act”) and Article 97 of the Enforcement Decree of the same Act for the construction of roads around C in the Gangseo-gu Seoul Metropolitan Government B-dong Seoul Metropolitan Government (hereinafter “instant public project”), and publicly notified it as D.

B. On August 19, 2004, the Defendant acquired through consultation 102 square meters of E, Gangseo-gu Seoul Metropolitan Government, E, 102 square meters of land and F 81 square meters of land owned by the Plaintiff, and completed the registration of ownership transfer under the Defendant’s name on the same day, and paid to the Plaintiff KRW 31,773,00 for E’s land and KRW 26,730,000 for F’s land.

After that, the administrative district of E was changed into 102m2 in Gangseo-gu Seoul Metropolitan Government, and the F land was changed into 81m2 in H field.

(hereinafter collectively referred to as “each of the instant lands”)

Pursuant to Articles 3 and 4 of the former Urban Development Act (amended by Act No. 8852 of Feb. 29, 2008), the Mayor of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant urban development project”), on December 28, 2007, designated the Gangseo-gu Seoul Metropolitan Government I Dong, Jdong, B Dong, Kdong, Ldong, and Ldong 3,364,00 square meters as an I urban development zone, including each of the instant land, as an I city development zone; the president of EP shall be the president of EP, and the development plan was formulated to create the apartment housing site, commercial site, business site, infrastructure site, and other facility site within the said zone and announced it as the MM in the Seoul Metropolitan Government, and at the same time, the implementation plan of the I city development project (hereinafter referred to as the “instant urban development project”) was partially amended on December 30, 2008, and announced it as NM in the Seoul Metropolitan Government

Pursuant to the implementation of the instant urban development project, 35.5 square meters among the land of this case among the land of this case shall be a multi-family housing site, 66.5 square meters shall be a road site, and F (H) land shall be used as a multi-family housing site.

[Reasons for Recognition] There is no dispute;

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