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(영문) 서울북부지방법원 2017.08.24 2017가합20429
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The Plaintiff owned each parcel of land listed in the Plaintiff’s separate sheet is the former owner of each parcel of land listed in the separate sheet (hereinafter “each parcel of land”).

In order to implement a project to build public parking lots (hereinafter “instant parking lot project”) on a total of 22 lots of land, including each of the instant land (hereinafter “instant project site”), the Defendant head of the Gu announced the implementation plan for the instant parking lot project, which was approved on October 18, 2002, as follows, to publicly notify the Dongdaemun-gu Seoul Metropolitan Government public notice of the implementation plan for the instant parking lot project, with the following content:

1. Location of the project site: Seoul Dongdaemun-gu Seoul and 22 lots;

2. Type of project: An urban planning facility project;

4. Scale of business: 1,464 square meters, 2-level 3 floors, and 127 parking spaces.

5. The name of the project operator: The defendant who acquired each of the lands of this case by the head of the Gu and paid compensation money to the defendant, acquired each of the lands of this case from the plaintiff on July 25, 2003 under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act") for the parking lot project of this case, and around that time, he paid 429,889,500 won in total as shown in the attached compensation statement to the plaintiff as compensation for each of the above acquisition.

The Defendant, from January 14, 2004, installed a public parking lot in the form of the building (hereinafter “instant parking lot”) in the instant project site from around January 14, 2004, and operated the instant parking lot from October 15, 2004.

On May 29, 2008, the head of Seoul Special Metropolitan City, the head of a housing redevelopment project, designating the area of 55,523 square meters in Dongdaemun-gu Seoul Metropolitan Government, including each of the instant land, as the E-Housing Redevelopment Improvement Zone, shall make an alteration of urban planning facilities (parking lot) that abolish the instant parking lot, and shall make an announcement of the Seoul Metropolitan Government.

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