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(영문) 서울동부지방법원 2015.02.06 2014가합105187
손해배상(기)
Text

1. The Defendant’s KRW 470,323,920 as well as 5% per annum from September 24, 2012 to September 18, 2014, respectively, to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in each of the statements in Gap evidence 1-1-6, Gap evidence 18, Eul evidence 37-3, Eul evidence 1-4, and Eul evidence 1-4.

The Defendant’s urban planning project promotion and acquisition of each of the instant land (1) was expropriated in accordance with the Defendant’s urban planning, which is deemed below, pursuant to the Defendant’s urban planning, and the part of the previous B’s 295 square meters was used as a site at the time of the said expropriation. Of the previous C’s 1,565 square meters, the roads and 44 square meters were used as a site. The remaining parts were used as a dry field, such as land category. The Plaintiff was the owner of one half of the share of the previous C’s 295 square meters (hereinafter “the instant land”) and one half of the share of the previous C’s 1,565 square meters (hereinafter “the instant land”). The Plaintiff was the owner of each of the instant land (hereinafter “each of the instant land”).

(2) The head of Gangdong-gu, the Defendant’s representative, established an urban planning (hereinafter “instant urban planning”) on the 13th parcel of land, including each of the instant land, with the content of constructing a public parking lot building, and on March 20, 201, repealed by Article 2 of the Addenda to the National Land Planning and Utilization Act (Act No. 6655, Feb. 4, 2002; hereinafter “former Urban Planning Act”) pursuant to Article 36 of the former Urban Planning Act (amended by Article 2 of Addenda to the National Land Planning and Utilization Act, Act No. 6655, Feb. 4, 2002; hereinafter

4. 16. Pursuant to Articles 61 and 63 of the former Urban Planning Act, the Gangdong-gu Seoul Metropolitan Government Public Notice E of the implementation plan of the instant urban planning project was publicly announced.

(3) For the instant urban planning project on August 17, 2002, the Defendant each of the instant cases according to the procedure prescribed by the former Land Expropriation Act (repealed by Article 2 of the Addenda to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Act No. 6656, Feb. 4, 2002).

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