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(영문) 서울동부지방법원 2019.06.27 2017가합105010
손해배상(기)
Text

1. The Defendant’s KRW 1,956,654,384 as well as 5% per annum from November 9, 2008 to June 27, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. (1) On March 3, 1998, the Minister of Construction and Transportation made a decision on the change of a road zone in order to implement a project to expand B roads in the section from Sungnam-si to Chungcheongnam-si (hereinafter “instant road project”), and publicly notified the decision. Each land listed in the attached Table, which was owned by the Plaintiff at the time, was included in the said road zone.

(2) The Defendant entrusted with the road project of this case by the Republic of Korea [the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (Act No. 6656 of Feb. 4, 2002)] is the Act on Special Cases concerning the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

() On November 9, 1998, according to the repeal of Article 2 of the Addenda (hereinafter “Public Special Act”), the Plaintiff completed the registration of ownership transfer under the name of the Republic of Korea (the Ministry of Construction and Transportation, the Defendant in the custody office) on the ground of “acquisition of public land” on October 27, 1998, and paid the Plaintiff a total of KRW 1,514,856,50,00 as shown in the attached Table.

B. (1) On December 6, 2002, the Minister of Construction and Transportation designated and publicly announced the total of 614,000 square meters per day in Songpa-gu Seoul E-dong as a planned area for housing site development, including each land listed in the attached list on the attached list, as a planned area for housing site development, and F Corporation (title: G Corporation after the change: hereinafter “G Corporation”) was designated as a project implementer.

(2) On October 6, 2003, the Mayor of Seoul Special Metropolitan City approved and publicly notified the E Housing Site Development Plan, and "the project is implemented as such; hereinafter referred to as "the housing site development project of this case").

The development plan includes the contents that the H extension project section is excluded from the housing site development zone. Thereafter, the Seoul Special Metropolitan City Mayor approved and published the development plan and implementation plan of the housing site development project of this case on December 26, 2003. (The third Seoul Special Metropolitan City Mayor shall modify the development plan and implementation plan to modify the area of the housing site development project of this case on November 8, 2007.

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