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(영문) 서울서부지방법원 2020.04.02 2019나40397
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The owner, Plaintiff B, C, network I (the Plaintiff D, E, and F jointly succeeded to the land of this case), and the net J (Plaintiff B, C, and Plaintiff D, E, and F succeeded to the land of this case) was the co-owner of the K substitute 46.3 square meters (hereinafter “instant land 2”), and Plaintiff G was the owner of the L substitute 36.4 square meters (hereinafter “instant land”).

B. On May 20, 2002, the head of the Defendant publicly notified the authorization of the implementation plan for the project of urban planning facilities (road) by means of a public announcement of Seodaemun-gu, the Defendant, on June 17, 2003, constructed the road after holding a consultation on the third land included in the above road site.

C. On June 25, 2004, the Defendant head of the Gu announced the implementation plan of the instant parking lot project as Z on May 12, 2005, for the purpose of providing parking convenience and improving the residential environment by resolving parking problems caused by multi-household housing concentrated areas. The Defendant announced the implementation plan of the instant parking lot project as Z of the same public notice on May 12, 2005.

The Defendant acquired the instant land No. 1 and the instant land No. 2 included in the instant parking lot business site from September 2005 to October 20 of the same year, respectively, and changed the instant land to the said parking lot business site; and on October 31, 2006, each of the instant land, etc. installed a AA public parking lot (hereinafter “instant parking lot”).

E. On October 19, 2006, the Mayor of Seodaemun-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Mayor”), designated the Seodaemun-gu Seoul Special Metropolitan City Rson, including each of the instant land, as an urban renewal acceleration district, and on February 5, 2008, publicly announced the alteration of the urban renewal acceleration district and the urban renewal acceleration plan (hereinafter “instant urban renewal acceleration plan”).

F. The head of the Gu of the defendant on March 31, 2009

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