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(영문) 서울중앙지방법원 2016.08.16 2015가합581969
손해배상(기)
Text

1. As to each of the Plaintiffs’ KRW 148,315,170, and KRW 50,000 among them, the Defendant shall pay to the Plaintiffs KRW 148,315,170 from April 5, 2013 to April 13, 2015.

Reasons

1. Basic facts

A. The Plaintiffs (i) shall acquire consultation on the instant land 1,279 square meters prior to Simcheon-si, Simcheon-si (hereinafter “instant land”).

(2) On June 3, 2002, the Defendant approved and publicly notified the National Defense and Military Installations Project Plan that he/she purchases approximately approximately KRW 22.77,00,00 of the E-si Seoul Special Metropolitan City (hereinafter “instant land”) in the relocation site in order to move D (hereinafter “D”).

(hereinafter “instant relocation project”). Accordingly, the Defendant agreed on April 4, 2003 pursuant to the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (repealed by Act No. 6656, Feb. 4, 2002) that the Plaintiffs’ share in the instant land, which is part of the instant expropriation land, was acquired through consultation.

B. 1) After the process of the instant relocation project was disclosed to the public, the Defendant was organized a multilateral consultative body in which the head of the Shicheon-si, etc. is participating in the City/Kuncheon-si, the representative of the Shicheon-si, the representative of the Shicheon-Gu National Assembly, the director of the Ministry of National Defense, the director of the military installations of the Ministry of National Defense, and the director of the D Staff, etc., from November 4, 2005, “D shall be the site of approximately 5.60,000 square meters out of the originally planned site of approximately 2.77,00 square meters, and the Simcheon-si shall purchase the remaining site of approximately 5.66 million square meters from D for the purpose of public works (the creation of the F Complex), and it shall be decided by the working council on detailed matters such as the purchase area, time, method, etc. (hereinafter “the instant multilateral

(2) On the other hand, when the relocation project of this case was delayed as above, the defendant approved (amended) and publicly notified the national defense and military installation project plan which extended the period of execution of the said relocation project by December 31, 2008.

3 D pursuant to the multilateral agreement of the instant case, only the essential facilities, excluding outdoor training grounds, etc., are relocated from approximately 58,029 square meters in the area of the instant expropriated land among the instant expropriated land. The relocation project plan of the instant case was reduced.

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