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(영문) 서울고등법원 2017.12.08 2017나2051731
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer as to each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) on April 19, 201, on the ground of sale and purchase on April 19, 2001, the Seoul Northern District Court East-gu Branch of Seoul Northern District Court No. 24664, Jun. 20, 2001.

B. On October 18, 2002, in order to implement a project to build a public parking lot (hereinafter “instant parking lot project”) on the land (including each of the instant land) on a total of 23 lots including the instant land (hereinafter “instant project site”), the Defendant publicly announced the decision of urban planning facilities and approval of topographic drawings on October 18, 2002 to the Dongdaemun-gu Seoul Metropolitan Government Public Notice Qu, and on May 6, 2003, the implementation plan of the instant parking lot project approved as follows was publicly announced as Dongdaemun-gu Seoul Metropolitan Government Public Notice B.

1. Location of the project site: Seoul Dongdaemun-gu Seoul and 22 lots;

2. Type of project: An urban planning facility project;

4. Scale of business: 1,464 square meters, 2-level 3 floors, and 127 parking spaces.

5. Name of the project implementer: The head of the defendant.

C. The Defendant acquired each of the instant land from the Plaintiff on July 25, 2003 under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor for the instant parking lot business, and around that time, paid the Plaintiff a sum of KRW 429,889,500, as indicated in the attached compensation details, as compensation for each of the above acquisitions.

From January 14, 2004, the Defendant installed a public parking lot in the form of building (hereinafter “instant parking lot”) in the instant project site from around October 15, 2004 and operated it from around October 15, 2004.

The Mayor of Dongdaemun-gu Seoul Metropolitan Government, on May 29, 2008, designated the 55,523 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu as the E-Housing Redevelopment Improvement Zone, including each of the instant land, and determined the plan for the installation of urban planning facilities to abolish the instant parking lot, and announced it as the F of the Seoul Metropolitan Government Public Notice.

The head of the Si/Gun/Gu shall not exceed the redevelopment project association of the E-district on July 4, 2008.

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