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1. The Defendant’s KRW 99,765,903 as well as the Plaintiff’s annual rate from June 8, 2010 to August 5, 2015.
Reasons
1. Basic facts
A. In order to implement the “C project” as approved and publicly notified as the implementation plan B, the Defendant: (a) obtained on June 7, 200, 495.87/1813 of the Plaintiff’s share among the 1414mm2 (hereinafter “instant land”) prior to the king-si, Jindo pursuant to the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (repealed by Act No. 6656, Feb. 4, 2002); (b) paid the Plaintiff KRW 21,250,480 of the Plaintiff’s share among the instant land on June 8, 200; and (c) completed the registration of ownership transfer for the Plaintiff’s share due to consultation on the public land in the future of the Defendant.
B. After completing the construction of a transfer parking lot, on July 15, 2005, the Defendant merged the instant land with E parking lot No. 6201 square meters, and on June 18, 2008, divided the said land into E parking lot No. 3,554 square meters (hereinafter “instant road site”) and F parking lot No. 2,647 square meters.
C. On June 19, 2008, the Defendant publicly announced the determination of urban planning facilities that incorporate the instant road site into “H, etc.”, and announced the closure of the I parking lot on the same day. On December 2, 2008, the Defendant notified the Plaintiff of the fact that the instant public works on the instant land was changed from the parking lot to the road.
On the other hand, on August 3, 2009, the Defendant publicly announced the authorization of the implementation plan for the urban planning facility project for the K corporation to be established by JJ. The instant land is included in the instant road site.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3 evidence, Eul 1, 2, 5, 7, and 8, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. (1) Determination on the cause of a claim is based on the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11017, Aug. 4, 201); hereinafter “Public Works Act”).
Article 91 of the Act on Special Cases concerning the Acquisition of Land and Compensation for Loss, which was enforced by the Defendant at the time of acquiring the ownership of the land of this case, is repealed.