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(영문) 서울고등법원 2015.06.30 2013누30836
손실보상금증액등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

A. Project approval and announcement 1) Project name: Urban planning facility project (China, D Road Construction Works, hereinafter “instant project”).

(2) A public announcement of project approval: The E-3 project operator publicly announced on March 19, 2009: the defendant

B. 1) On May 12, 1994, the Plaintiff acquired 17,458 square meters in Kuung-gu Tak-gu, Chungcheongnam-si, and 1,792 square meters in M on July 13, 2001. Each of the above lands was in contact with AG. 2) The Plaintiff divided H and W land in M on April 17, 2002, and divided H and W land in T land on September 7, 2006. On December 8, 2006, the Plaintiff divided X-gu and W land in T land and divided N, N, K, T, H, H, and W land into AG.

3) On December 2, 2009, after the public announcement of project approval, the Defendant divided Y, Z land in K in accordance with the instant project zone line, Y, Z land in O land, AB land in R land, AC land in S land, AE or Z land in L land, and Y land in L. On January 28, 2010, the Plaintiff re-mergeds N or Z land in M, X or AF land into H land, and Y land. Accordingly, upon the Plaintiff’s consolidation of land, the Defendant divided F, G, and J land in E land into land in order to expropriate the land to be newly incorporated into the project zone. Accordingly, the Plaintiff’s cadastral map as of May 10, 2010 and the cadastral map as of March 19, 2009, which was the public announcement date of project approval, and the cadastral map as of March 21, 2009, as of the cadastral map as at the time of subdivision of the Plaintiff’s cadastral map.

C. 1) The subject of expropriation by the Gyeonggi-do local land expropriation committee on September 13, 2010: 122m2, G29m2, G29m2, and H 1.0m2, which are owned by the Plaintiff.

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