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1. The Defendant’s KRW 24,751,218 as well as the Plaintiff’s annual rate from June 21, 201 to February 15, 2016, and the following.
Reasons
Basic Facts
The Plaintiff owned 661/4235 of each of the 11m2 and C 349m2 in Ansan-si.
(hereinafter individually referred to as "each of the lands of this case" is referred to as "one and two lands in sequential order, and, if referred together, "each of the lands of this case"). 661/4235 of the compensation for the date of land acquisition (won) is 661/4235 of the 21 June 21, 2001, 661/4235 of the 4,330,520 of the 2 land of this case
B. In accordance with the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (repealed by Act No. 6656, Feb. 4, 2002) for the implementation of a land readjustment project (hereinafter “road rearrangement project in this case”) authorized by Gyeonggi-do public notice D, the Defendant paid compensation to the Plaintiff as follows, and completed the registration of ownership transfer by consultation with the Plaintiff.
[Ground of recognition] The Plaintiff acquired each land of this case from the Plaintiff for the road project of this case, but the Plaintiff acquired the right to repurchase within 10 years thereafter, on the ground that each land of this case was not necessary for the road project of this case. The Plaintiff acquired the right to repurchase within 10 years thereafter.
The Defendant, as the implementer of the instant road project, neglected to notify the Plaintiff of the occurrence of the repurchase right pursuant to Articles 91(1) and 92(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 10239, Apr. 5, 2010; hereinafter “Land Compensation Act”).
As a result, the Plaintiff did not exercise the right of repurchase within 10 years from the date of acquisition of each land of this case, thereby causing damages to the loss of the right of repurchase. Therefore, the Defendant is liable to compensate for the said damages.
In each of the instant lands by Defendant, the legal surface and drainage facilities, which are part of the F road included in the instant road project, were installed.