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(영문) 수원지방법원 2019.07.10 2018가합18781
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap's evidence 1 through 16 (including paper numbers), and purport of the whole pleadings);

A. P, Q and Plaintiff L, N, M andO owned each of the lands listed in the “Land” column in [Attachment 2] (hereinafter “each of the instant lands”).

B. The Suwon Mayor announced the R Project on June 10, 2002, the S Project on June 17, 2002 (hereinafter collectively referred to as the “First Project”), and the authorization of the implementation plan on each of the instant lands, etc.

W W, Suwon-si Public Notice X. C.

According to the first project, the Defendant completed the registration of ownership transfer on the date indicated in the “Date of Ownership Transfer” column 2 for the acquisition of public land on the date indicated in the “Date of Ownership Transfer” as to each of the instant land, and thereafter, the road was constructed on each of the instant land and provided for public use.

On December 26, 2006, the Governor of the Gyeonggi-do designated a KRW 10,00,00 in Suwon-si T land, including each of the instant land, as the UP zone and publicly notified the decision to abolish the road installed on each of the instant land as a plan for the installation of urban planning facilities.

Gyeonggi-do Public Notice Y

E. According to the above notification, on September 23, 2008, the water source market announced the project implementation authorization for the V projects (hereinafter “instant 2 projects”), and on November 27, 2008, the water source market announced the designation of the project implementer and the authorization of the implementation plan for the said projects.

Notice of Suwon-si AA

F. On the other hand, P died on February 14, 2007, and succeeded to the property of Plaintiff B, C, D, and E, who is the spouse, and Q, died on February 6, 2010 and succeeded to the property of Plaintiff F, H, I, J, and K, who is the spouse.

2. The assertion and judgment

A. The plaintiffs' assertion (1) The plaintiffs: since the first project of this case was discontinued on November 27, 2008, which was within 10 years from the date of acquisition of each of the lands of this case, and each of the lands of this case is no longer necessary, the plaintiffs acquire land, etc. for public works.

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