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(영문) 서울중앙지방법원 2015.05.08 2014가합52587
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On June 21, 1966, the Minister of Construction and Transportation, including the incorporation of the instant land into a road, modified four metropolitan planning street and square zones (Gu roads, street, approval, and posts), and announced it as a public announcement No. 2493 of the construction schedule. Among the road routes of the Gu zone publicly notified as above, the number 56 of the road number of the road number of the Gu road was extended to 20 meters in width, length, 2300 meters in width, and the extended road zone was incorporated into the Seoul Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan City after its jurisdiction was changed to Gwanak-gu) B large 2,307 square meters (part of the housing complex within the housing complex as seen below).

Since May 26, 1967, C organized by the Army Headquarters No. 1, 1967, from around May 26, 1967, purchased D and E land and implemented a project to create it as a housing complex. As such, since some land within a housing complex had already been designated as a road under an urban planning, it was formulated a housing complex development plan in accordance with the above urban planning line, and allocated part of E’s land as a site for main roads.

C around December 18, 1967, when E is subject to registration conversion with F land, and at the same time, divided into several parcels of land and set up 20 lots of land B, including B, as a road site, and the said G land was divided into the said B’s land (hereinafter “instant land”).

C The land category of the land incorporated into a road site, including the instant land on December 18, 1967, is changed to a road. In particular, in order to provide for the construction of a complete road on the next day, the instant land is registered under title trust with H, which was owned by the Chairman of the Army C, and completed the registration of ownership transfer under H on the 23th of the same month, and only with respect to the part to be used as a private road within a housing complex, a number of units are opened by the Defendant with permission for opening a private road from the Defendant on February 26, 1968, and at the same time, the center of the housing complex is crossing along the urban planning line as publicly notified.

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