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(영문) 서울북부지방법원 2018.10.23 2016가단140312
손해배상(기)
Text

1. The Defendant: (a) KRW 121,462,50 for the Plaintiff and KRW 5% per annum from December 19, 2013 to April 12, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Dongdaemun-gu Seoul Metropolitan Government B large-79 square meters (hereinafter “instant land”).

B. In order to implement a project to create children’s park on the land of 23 lots in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, including the instant land, the Defendant head of the Gu (hereinafter “National Land Planning Act”) shall implement a project to create children’s park on September 5, 2003 (hereinafter “National Land Planning Act”).

public notice was given pursuant to Article 91. Authorization of a plan to create an E-Urban Planning Facility Project (D Children Park) publicly notice of Dongdaemun-gu Seoul Metropolitan Government

1. Location of the place of project execution: The Seoul Dongdaemun-gu Seoul Metropolitan Government Group C;

2. Type and title of a project: An urban planning facility project (Creation of DNA children's parks);

3. Details of business: 1,259 square meters for park creation;

4. Project operator: Defendant 2) The Defendant is the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Development of Children’s Park (hereinafter “Land Compensation Act”).

(3) Around October 13, 2004, the Defendant completed the construction work of creating D Children Park and operated it around that time. The Plaintiff paid KRW 155,748,500 to the Plaintiff, and acquired ownership of the above land on December 18, 2003.

C. On February 16, 2006, the Seoul Special Metropolitan City Mayor: (a) designated the G Housing Redevelopment Improvement Zone (hereinafter “G Housing Redevelopment Project”); (b) abolished D children’s parks; and (c) publicly notified the alteration of urban planning facilities (park) that newly build neighboring green parks on the ground of H large 5,366 square meters. On August 20, 2009, the Seoul Special Metropolitan City public notification I changed the size of neighboring parks into 5,408 square meters, and the size of neighboring parks into 5,282.7 square meters on October 2, 2006, the Defendant head of the Gu, on October 2, 2006, approved the establishment of the G Housing Redevelopment Improvement Project Association (hereinafter “instant association”); and (d) on October 20, 2006, the establishment of the association.

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