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(영문) 울산지방법원 2016.02.16 2014가단60544
손해배상(기)
Text

1. The Plaintiff’s primary claim against the Defendants and the ancillary claim against the Defendant Ulsan-gun in Ulsan-gu.

Reasons

1. Basic facts

A. (i) The instant land was located in Ulsan-gun, Ulsan-gun, Ulsan-gun, B 1,726С B, and J 174С and J 22 September 22, 2011, and became the instant land.

(hereinafter referred to as the “instant land”) is located near the Southern East-gun, Ulsan-gun, and near the customary market D.

B. The south side of the land of this case was adjacent to the Eluri land, and the north side of the land of this case was connected to the land of this case, and the north side of the land of this case was connected to G and H bank land, and it was connected to the road through this bank land.

B. (i) The instant land was included in the river area according to the F River Maintenance Master Plan on January 23, 1992 (Public Notice I of Gyeongnam-do).

B. By December 31, 2008, Defendant Ulsan Metropolitan City did not publicly announce topographic maps, etc. under the Framework Act on the Regulation of Land Use on the instant land until Ulsan Metropolitan City, and even thereafter the public announcement of topographic maps, etc. on the instant land was omitted.

Article 2(1) of the National Land Planning and Utilization Act provides that “The area, zone, etc. under the National Land Planning and Utilization Act: An urban area, natural green belt, buffer green belt, etc. under other Acts and subordinate statutes: The area subject to livestock breeding restriction (hereinafter “the Act on the Management and Use of Livestock Excreta”) shall be included in the area subject to livestock breeding restriction.

(1) On November 8, 2012, a project to create a F ecological river (hereinafter referred to as “instant rearrangement project”) in an area including the instant land.

(1) The land expropriation of this case was publicly announced and the land expropriation of this case (hereinafter “land expropriation of this case”).

(2) In the land expropriation procedure of Sheshed, the market price appraisal result of the instant land was KRW 186,40,00, KRW 179,504,00, KRW 212,470, KRW 600, KRW 214,369,200, KRW 214,369, and KRW 200, respectively (in case of an abnormal adjudication, the appraisal is premised on the fact that the area is a river area). 【Plaintiff 【Ulsan District Court (2013Guhap1731).

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