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(영문) 서울서부지방법원 2020.04.10 2019나40892
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Factual basis

A. On June 25, 2004, the Defendant head of the Gu announced the implementation plan of the urban planning facility project (parking lot project) project (hereinafter “instant parking lot project”) to resolve the parking shortage in the area where multi-household housing is concentrated (hereinafter “instant parking lot project”), and on May 12, 2005, the Defendant publicly announced the authorization of the implementation plan of the said urban planning facility project.

(Seomun-gu Notice C). (b)

The Defendant, on September 9, 2005, included Seodaemun-gu Seoul Special Metropolitan City D large 28.8 square meters (hereinafter “instant land”) owned by the Plaintiff in the above parking lot site, acquired the instant land through consultation pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and installed the “E First Public Parking Lot” (hereinafter “instant public parking lot”) on October 31, 2006. The compensation received by the Plaintiff at the time was KRW 56,203,200.

C. On October 19, 2006, the Mayor of Seodaemun-gu Seoul Special Metropolitan City designated the Seodaemun-gu G G belt including the instant land as an urban renewal acceleration district (Notice F of Seoul Special Metropolitan City), and on February 5, 2008, the Seoul Special Metropolitan City publicly announced “I urban renewal acceleration district and urban renewal acceleration plan” as to the relevant area including the instant land (Seoul Special Metropolitan City Notice H; hereinafter “instant urban renewal acceleration plan”); and the details of the closure of the instant public parking lots are included in the urban renewal acceleration plan.

However, the Defendant did not notify or publicly notify the Plaintiff of the right to repurchase the instant land.

On March 31, 2009, the Defendant publicly announced the authorization for the implementation of the Housing Redevelopment Project for the K Financial Renewal Promotion Zone (hereinafter “instant redevelopment project”) (the Seodaemun-gu Notice) and on March 3, 2010, publicly announced the approval for the implementation of the K Treasury Project on March 3, 2010.

(Seomun-gu L. E.)

Even after that, the land in this case is continuously used as a public parking lot, and the KFF promotion zone is around the end of 2013.

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