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(영문) 제주지방법원 2020.02.06 2019가합14055
손해배상(기)
Text

1. The Defendant’s KRW 324,319,512 as well as the Plaintiff’s annual rate from December 3, 2013 to September 24, 2019, and the following.

Reasons

Facts of recognition

The Plaintiff was the owner of B orchard 6,684 square meters (hereinafter referred to as “Plaintiff’s land”) in Jeju-si.

Around October 2002, Jeju Special Metropolitan City’s implementation plan for “C Urban Development Project” and the Jeju Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Development Act(hereinafter “C Urban Development Project Plan”) was established on the scale of 430,000 square meters, including the Plaintiff’s land. On September 17, 2003, Jeju Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Development Plan and Jeju Special Metropolitan City Public Notice E with the approval of implementation and implementation plan.

On December 2, 2003, Jeju City acquired ownership by completing the registration of ownership transfer based on a consultation on the land for public use on November 19, 2003.

Jeju City paid to the Plaintiff KRW 1,206,462,00 for the land newly created by the instant project within the scope of the compensation value. On November 2003, Jeju City calculated the value of the land to be transferred as KRW 530,296,100 and paid KRW 676,165,90 for the remainder calculated by subtracting the said amount from KRW 1,206,462,00 for the Plaintiff’s land compensation.

Since then, on April 30, 2007, the Defendant succeeded to the affairs and property of Jeju City on April 30, 2007, completed the registration of ownership transfer on the ground of sale on November 13, 2003 with respect to the F. 330 square meters and G large 326.1 square meters (hereinafter “Defendant’s land”) among the land newly created by the Defendant to the Plaintiff.

The defendant comprehensively succeeded to the defendant's Jeju-si affairs and property in accordance with the Special Act on Jeju-do Administrative System, enacted on January 11, 2006, which was enacted on January 11, 2006.

Plaintiff

The land cadastre was closed upon the completion of the compartmentalization and rearrangement project on February 13, 2007, and the land category and the lot number of the plaintiff's land and its surrounding site designated as C Urban Development Project H are as follows. The land category and the lot number of the plaintiff's land and its surrounding site in Jeju City are as follows: I to 5,610 square meters and JJ for Jeju-si. 2

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