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(영문) 인천지방법원 2018.06.20 2017가단215277
손해배상(기)
Text

1. As to KRW 46,681,200 among the Plaintiff and KRW 31,00,000 among them, the Defendant shall start from October 2, 2013 to April 14, 2017.

Reasons

1. Facts of recognition;

A. The Defendant acquired, on October 2, 2013, a public land for the B Corporation Project (hereinafter “instant public project”) and completed the registration of ownership transfer in the Defendant’s future, on the following grounds: (a) Seosan-si, Seosan-si, Seosan-si, 255 square meters (hereinafter “the front of the land indicated only in the lot number”) owned by the Plaintiff; (b) Seosan-si, Seosan-si, 47 square meters; (c) F 83 square meters; (d) G 386 square meters; and (e) 23 square meters prior to H (hereinafter “the land in the instant five lots”) by consultation.

B. The Defendant paid to the Plaintiff KRW 3,442,50 regarding land C, KRW 613,350 for land E, KRW 1,083,150 for land F, KRW 5,037,30 for land G, and KRW 310,50 for land H.

C. On January 4, 2008, pursuant to Article 7 of the former Industrial Sites and Development Act (amended by Act No. 11020, Aug. 4, 201; hereinafter “Industrial Sites Act”), the Do Governor of Chungcheongnam-Nam designated Seosan, Ii, Ji, and Kri as “L industrial complex” (hereinafter “L industrial complex”). The Do Governor formulated a development plan to create a planned and reasonable environment-friendly complex industrial complex that can be linked with the organic exchange between the industries, support, and residential functions within the said zone by designating M as a project implementer, and publicly announced as NN in Chungcheongnam-do, pursuant to Article 18 of the Industrial Sites Act, approved the implementation plan for the industrial complex development project of this case (hereinafter “instant industrial complex project”).

As the industrial complex project of this case is implemented, each land of this case is used as a factory site and a road site in the industrial complex.

[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2-1, 2-2, Gap evidence 5-1 through 3, Eul evidence 1-3, and the purport of the whole pleadings

2. Whether a redemptive right has been created;

A. The former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on April 5, 2010

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