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(영문) 서울고등법원 2018.10.17 2018나2018908
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 27, 2002, the head of Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “head of Gwangjin-gu”) decided on March 27, 2002 as urban planning facilities (public land) with respect to the “C development project” promoted by Seoul Special Metropolitan City (hereinafter referred to as the “instant land”). On May 30, 2002, the head of Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “head of Gwangjin-gu”) approved the implementation plan for the urban planning project (hereinafter referred to as the “instant development project”).

B. The Plaintiff and D owned the instant land, which is commercial areas, in proportion to 1/2 shares. However, the Defendant paid 366,379,000 won each as compensation to the Plaintiff and D pursuant to the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 6916 of May 29, 2003) to implement the instant development project, and completed the registration of ownership transfer on the instant land under the Defendant’s name on May 30, 2003. The instant development project was completed on December 26, 2005.

C. On June 22, 2006, the head of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “HH development”) approved the FF construction project plan to build the two underground floors and 122 households and ancillary welfare facilities (hereinafter “instant housing construction project”) with respect to the instant land including the instant land under the name of the Seoul Special Metropolitan City on the ground of error in application on September 1, 2006, by the head of Gwangjin-gu, Seoul Special Metropolitan City and the head of Gwangjin-gu Seoul Special Metropolitan City Office (hereinafter “HN development”) pursuant to Article 16 of the Housing Act, which is the project undertaker, the second underground floors and 23 multi-family housing (multi-family), and the 122 households and ancillary welfare facilities (hereinafter “instant housing construction project”). On July 16, 2007, the head of Gwangjin-gu Seoul Special Metropolitan City Office announced the cancellation decision of urban planning facilities (public land) on the instant land omitted on July 16, 2007

The Seoul Special Metropolitan City is against HNH development on March 26, 2008.

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