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(영문) 서울남부지방법원 2020.06.18 2019나66420
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts of recognition and the grounds for this part of the parties’ assertion are as stated in the corresponding column of the judgment of the first instance, except for adding “the grounds for recognition” as stated in the evidence Nos. 3 through 5 of the judgment of the first instance. Therefore, the corresponding part of the grounds for the judgment of the first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. Determination

A. Key issue 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(6) Article 91(6) provides that a repurchase right may be exercised only when an original public project is abolished and a conversion is made to a certain public project, based on the converted public project. In such a case, the provisions on the conversion of public projects recognized by each time are as follows. In such a case, the period for exercising the repurchase right shall be calculated from the date of announcement of the change of a new public project. Therefore, depending on which time the Act applies, whether the period for exercising the repurchase right falls under the “conversion of a public project” as provided in the foregoing provision, and accordingly, the requirements for the occurrence of the repurchase right vary.

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