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(영문) 서울고등법원 2015.08.13 2015나2003103
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The facts below the basic facts do not conflict between the parties, or are acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence 1-1, 2, 2-6, and 9-1 to 4.

[1] On May 10, 1976, Plaintiff A completed the registration of ownership transfer with respect to Qua land.

Plaintiff

B On February 14, 1975, the registration of ownership transfer is completed on the R R land.

In 199, the Defendant became an implementer of the F Road Packing Project (hereinafter “Road Project”) under the F Road Packing Notification E in 1999.

The road project of this case is an urban planning project, which is a project that packages four-lanes in width from the N in the ethic City to the ethic City of 3.34 km.

In accordance with the Act on Special Cases concerning the Acquisition of Land for Public Use and the Compensation for Loss in order to acquire the site for the instant road project, the Defendant acquired 284 square meters from the Plaintiff from the Plaintiff on November 15, 1999, and acquired 585 square meters from the Plaintiff B on the same day.

The defendant paid 51,830,000 won to the plaintiff A with the above agreement acquisition, and paid 90,675,000 won to the plaintiff B.

On November 23, 1999, the above 284m2, the Defendant acquired through consultation from the Plaintiff, is divided into 284m2 (hereinafter referred to as “C land”) and the registration of ownership transfer was completed on November 23, 1999 for the Defendant’s future acquisition of public land.

On November 22, 1999, the above 585 square meters acquired by the Defendant from the Plaintiff B was divided into 585 square meters (hereinafter “D”) prior to Da in Sungsung-si, and the registration of ownership transfer was completed on November 22, 1999.

[2] The road project of this case was scheduled to be executed on December 30, 2004. The Defendant acquired 64% of the site of the road project of this case including C and D land (hereinafter “each of the instant land”) from February 28, 2001.

Around that time, the road project of this case.

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