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(영문) 수원지방법원 2019.05.02 2017가단528635
손해배상(국)
Text

1. As to KRW 66,101,450 among the Plaintiff and KRW 13,353,100, the Defendant shall pay to the Plaintiff KRW 52,748,350 from December 6, 201.

Reasons

1. Facts of recognition;

A. The head of the Daejeon Regional Construction and Management Administration made a decision on the change of a road zone in order to implement the B access road expansion and packing construction (hereinafter “instant project”), and publicly notified the decision, and the said decision was incorporated into the said road zone with the land size of 223m2, 31m2, 131m2, 131m2, 814m2, 274m2, and 274m2,000 (hereinafter “each of the instant land”).

B. The Defendant completed the registration of transfer of ownership on the ground of land expropriation on December 6, 2001 with respect to C-Y 223 square meters and F-Y 274 square meters on October 24, 2002, D-Y 131 square meters, E-Y 814 square meters on the ground of land expropriation.

C. The road works under the instant project were completed on December 20, 2003. D.

On the other hand, around December 2012, the Plaintiff filed a civil petition for the cancellation of the road zone and the request for purchase of each of the instant expropriated land at the Hongsung-do General Construction Business Office.

E. On January 2013, the Hongsung branch consulted the Plaintiff on the removal of the Korea Rural Community Corporation and the road zone, and the relocation of the farmland into agricultural use installed on the land for which purchase was requested. In the case of relocation, administrative procedures are implemented in accordance with the relevant laws, and thereafter, sent the land subject to the cancellation of the road zone and the subdivision of the land subject to disuse, and sent the divided survey result map to the Plaintiff

Accordingly, the plaintiff, after consultation with the Korea Rural Community Corporation, moved F and C agricultural water ways to the road side.

F. On June 5, 2013, G field 25 square meters was divided into G field 131 square meters, E field 814 square meters divided into H field 109 square meters, and F field 274 square meters divided into one 241 square meters.

G. On July 22, 2013, Chungcheongnam-do determined and publicly announced the alteration of a road zone with respect to each of the above divided lands and the C 223 square meters (hereinafter collectively referred to as “each of the instant lands”), and publicly announced the alteration of a clearance zone.

On February 7, 2014, the registration titleholder was changed to the Ministry of Strategy and Finance due to the abolition of use of each of the instant land.

[Ground of recognition] A.

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