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(영문) 서울고등법원 2015.10.21 2015나2011005
통행로개설이행 등
Text

1. The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:

The plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff R&A (hereinafter referred to as the “Plaintiff,” and the Plaintiffs following the water system are the owners of K forest land and 38,479 square meters (hereinafter referred to as the “K forest and 38,479 square meters before the division”). The co-defendants of the first instance trial (the head of the Seoul Regional Construction and Management, hereinafter referred to as the “Korea”) are the project implementers of construction works on the Seoul-Chuncheon Expressway (L; hereinafter referred to as the “instant expressway project”), and the Defendant Seoul-Chuncheon National Highway Co., Ltd. (hereinafter referred to as the “Defendant Seoul-Chuncheon Highway”) is the company established for the purpose of constructing, managing, and operating the Seoul-Chuncheon Expressway Highway, and the Defendant Hyundai Industrial Development Co.,, Ltd. (hereinafter referred to as the “Defendant Hyundai Industries Development”) is the starting works of the instant expressway project.

B. The Republic of Korea incorporated the part 7,575 square meters out of the instant K forest before the division into a road for the implementation of the instant expressway project. Accordingly, the instant K forest was divided into three lots of land, 29,647 square meters of K forest and field (hereinafter “instant K forest”) and 7,575 square meters of G forest and field (the land incorporated into the road as the instant expressway project; hereinafter “instant G forest”) and 1,257 square meters of M forest and field (hereinafter “the instant G forest”) and 1,257 square meters of land for M forest and field (hereinafter “J forest and field”) on February 12, 2008.

C. The Republic of Korea consulted with the Plaintiff on the land to be incorporated in the instant expressway project and its ground objects, etc., but did not reach an agreement.

On December 15, 2006, Korea filed an application for adjudication on expropriation with the Central Land Expropriation Committee. On December 15, 2006, the Central Land Expropriation Committee accepted 7,575 square meters of forest land in the G in the instant G in the instant G in the instant case, and determined the compensation amount of the said land and the land on the ground, and decided to expropriate the said land on February 2, 2007.

At the time of the above ruling of acceptance.

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