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(영문) 서울중앙지방법원 2016.08.12 2015가합568850
손해배상(기)
Text

1. The Defendant’s KRW 305,276,456 as well as 5% per annum from November 17, 2015 to August 12, 2016 to the Plaintiff.

Reasons

Basic Facts

The project approval and the public announcement C Urban Development Project Association (hereinafter referred to as the "Non-Party Association") obtained the approval of the implementation plan from the tolerance market for the implementation of the urban planning facility project (E, F Road Construction Works, hereinafter referred to as the "instant project") in the land located in the Yeongdeungpo-gu Seoul Metropolitan Government, and the tolerance market announced the public announcement of the project on March 19, 2009.

In order to implement the project of this case, the non-party union, such as the adjudication on expropriation of the land owned by the defendant, filed an application for expropriation with the local Land Tribunal of Gyeonggi-do against the defendant et al., who consulted with the owners of the land located in Yeongdeungpo-gu Ddong, Young-gu, including the defendant to acquire the land.

At the time, the Defendant owned a group of land, which is owned of 1,531 square meters prior to H, 122 square meters prior to G, 29 square meters prior to J, 5,490 square meters of K forest, 1,354 square meters of L forest, M forest, 5,203 square meters, and 1 square meters of N forest and forest.

On September 13, 2010, the Gyeonggi-do Local Land Tribunal made an adjudication to accept the following matters:

Accordingly, among the land owned by the Defendant, the 1,531 square meters and 5,490 square meters (hereinafter “the remaining land of this case”) of the Sinsi-si H was excluded from the subject of expropriation.

The object of expropriation: The commencement date of expropriation of 122m2, 29m2, L forest, 1,354m2, M forest, 5,203m2, and 1m2, N forest land (hereinafter “land subject to expropriation in this case”): October 13, 2010: The defendant raised an objection against the above adjudication of expropriation, but the Central Land Tribunal dismissed the defendant’s objection on February 18, 201.

When the defendant's objection against the ruling of acceptance was dismissed as such, on March 15, 2011, the defendant entered into a delegation agreement with the plaintiff on March 15, 201 with respect to the following matters in order to file an administrative litigation:

(hereinafter “instant delegation contract”). Article 1 (Purpose) of the instant delegation contract is the Defendant.

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