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(영문) 서울중앙지방법원 2017.08.24 2017가합523455
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant and Dongcheon-si land acquisition 1) The Defendant: (a) the 6/12 of each share of the 305m3m3m2 in Dong-si, Seocheon-si; (b) the 1st share of the 183m2 in order of the said real estate shares; and (c) the 2nd share of the said real estate; and (d) the sum of all the share of the said land is “each of the instant land.”

(2) Each of the instant lands belongs to a natural green area, which is the initial development restriction zone, but was selected as a priority cancellation area for the mid-scale decline, and was revoked by the Gyeonggi-do public notice E on May 30, 2005 and changed to a Class-I general residential area.

3) Accordingly, each of the instant land is a public project, such as the “Projects for the Expansion of Parking Lots in the F Area” in Yacheon-si (hereinafter “instant public project”).

(4) During the process of compensation consultation, the Sincheon-si deemed that the cancellation of the development restriction zone for each of the instant land and the alteration to a Class 1 residential area into a Class 1 residential area for the instant public project was made directly for the purpose of the instant public project, without considering the fact that the development restriction zone was incorporated into the district and the determination criteria for such compensation were known to the Defendant on the basis of the conditions before the development restriction zone was cancelled, and presented the amount of compensation calculated for each of the instant land in accordance with such criteria.

5) On August 29, 2007, the Defendant: (a) accepted the compensation presented at the excessive market price for each of the instant land between the Shicheon-si and the Shicheon-si on August 29, 2007; and (b) purchased it by consultation; and (c) concluded

(6) On the same day, the total amount of compensation for expropriation of each of the lands of this case is KRW 204,838,000, based on the condition before the development restriction zone was cancelled.

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