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(영문) 서울중앙지방법원 2018.01.18 2017가합554114
손해배상(기)
Text

1. The Defendant: 264,811,680 won to Plaintiff A and 5% per annum from February 28, 2013 to July 13, 2017; and

Reasons

1. Facts of recognition;

A. The Defendant is the project implementer of the E access road expansion project with the land, etc. in Gangnam-gu Seoul Metropolitan Government as the project site (hereinafter referred to as the “instant road project”). The Plaintiff owned the same 178 square meters in Gangnam-gu Seoul Metropolitan Government FF 178 square meters, G 15 square meters in G 15 square meters, and H 303 square meters in each of the above project site. The Plaintiff B and C owned the same 613 square meters in each of 1/2 shares in the aforementioned project site.

(hereinafter referred to as “the above lands owned by the Plaintiffs” are each of the instant lands. (b)

In order to implement the road project of this case, the defendant paid compensation to the plaintiffs as indicated below in accordance with the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 6919 of May 29, 2003), and acquired each land of this case by means of purchase, etc., and completed each registration of ownership transfer in the future of the defendant.

The Plaintiff’s land (Seoul Gangnam-dong) acquisition compensation (won) 1 AF 1 m2 G 15 m2 G 2 on February 28, 2003, 6,615,000 m2 G 15 m2,615 m25,000 m2 303 m25,000 m25,097,000 m2 1/2 m2 of 48,886,750 5 CI 613 m2 of April 15, 203 among 613 m2 m2 of 1/2 of 613 m2 of 203 m2.

C. Since then, among each of the instant lands in Gangnam-gu Seoul Metropolitan City, 15 square meters was merged into 297 square meters on November 5, 2003, and Gangnam-gu Seoul Metropolitan Government H-gu 303 square meters was merged into 594 square meters on November 5, 2003.

On the other hand, the Minister of Land, Transport and Maritime Affairs (amended by Act No. 10272, Apr. 15, 2010; hereinafter the same shall apply) on the other hand.

On June 3, 2009, according to the Ministry of Land, Transport and Maritime Affairs, approximately 940,000 square meters of land in Gangnam-gu, Seoul, J, and Nwon as an O business (hereinafter “instant housing project”) housing zone. On September 28, 2009, the Ministry of Land, Transport and Maritime Affairs publicly notified P on September 28, 2009, approved the designation and alteration of the housing zone and the district plan for the said housing project with respect to the land of Ma, J, and Nwon, Gangnam-gu, Seoul as a P publicly notified by the Ministry of Land, Transport and Maritime Affairs.

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