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(영문) 서울동부지방법원 2017.11.09 2016가단125171
손해배상(기)
Text

1. The Defendant’s KRW 22,956,320 as well as the Plaintiff’s annual rate of KRW 5% from August 30, 2011 to November 9, 2017.

Reasons

1. Occurrence of liability for damages;

(a) Where all or part of the acquired land becomes unnecessary due to a discontinuation or alteration of the relevant project or for any other reason within ten years from the date the relevant legal doctrine is acquired through consultation or expropriation, the landowner at the time of the acquisition date or his/her general successor may repurchase such land by paying to the project operator the amount equivalent to the indemnity paid for such land, within one year from the date all or part of such land becomes unnecessary, or within ten years from the acquisition date;

Where any public institution prescribed by Presidential Decree among the public institutions under Article 4 of the Act on the Management of Public Institutions acquires land necessary for public works by consultation or expropriates such land after obtaining project approval, and then the relevant public works are changed to any other public works provided for in subparagraphs 1 through 5 of Article 4, the period for exercising the redemptive right under paragraphs (1) and (2) shall be counted from the date when

In such cases, the State, a local government, or a public institution prescribed by Presidential Decree among public institutions under Article 4 of the Act on the Management of Public Institutions shall notify a repurchase right holder of the change in public works.

(1) Article 91(1) and (6) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. Under the Land Compensation Act, repurchase rights can be exercised at the time all or part of the acquired land, etc. becomes unnecessary due to the discontinuation, alteration, or other causes of the relevant project. Here, “the relevant project” refers to a specific project which is an object of acquisition through consultation or expropriation, and “revision or alteration of the relevant project” refers to an expected cancellation or alteration of such specific project, and “the time the acquired land becomes unnecessary” refers to the time the project operator is prescribed by the Land Compensation Act.

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