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(영문) 서울동부지방법원 2018.06.27 2017가합105003
손해배상(기)
Text

1. The Defendant’s KRW 216,918,810 and any of them to the Plaintiff

A. From April 8, 2009 to May 31, 2017, for KRW 210,000.

Reasons

1. Basic facts

A. On March 3, 1998, the Minister of Construction and Transportation (1) extended B Highway from the area C to the area D from Sungnam-si, Sungnam-si to the area D (hereinafter “Road Project”).

A) The decision to modify a road zone was made and publicly announced to implement the change, and at the time, the Seoul Songpa-gu Seoul Metropolitan Government E-gi and F-171 square meters worth (hereinafter “instant land”) owned by the Plaintiff.

(2) The Defendant, who was entrusted with the road project of this case by the Republic of Korea, was incorporated into the above road zone. (2) The Defendant, which was 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, 202)]

() On April 8, 199, pursuant to Article 2 of the Addenda, the instant land was transferred to the Republic of Korea (the Ministry of Construction and Transportation on April 7, 199) for the reason of the “acquisition of public land through consultation” on April 7, 199, and thereafter, the Plaintiff paid compensation amounting to KRW 95,580,00 (= KRW 92,340,000 for E’s land 3,240,000).

B. On December 6, 2002, the Minister of Construction and Transportation, including the instant land on December 6, 2002, shall designate and publicly notify the 614,000 square meters per day in Songpa-gu Seoul Special Metropolitan City as a planned area for the development of a G housing, and I Corporation (title after the modification: J Corporation; hereinafter “J Corporation”).

(2) The Seoul Special Metropolitan City Mayor approved and publicly notified the G Housing Site Development Plan on October 6, 2003.

(hereinafter referred to as the “instant housing site development project”). The said development plan includes the contents that K’s highway expansion project section is excluded from the housing site development zone, but the instant land was not excluded and was incorporated into the housing site development zone of this case.

3. On December 26, 2003, the Mayor of Seoul Special Metropolitan City approved and publicly announced the development plan and implementation plan of the housing site development project of this case, and the land of this case.

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