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(영문) 서울북부지방법원 2019.10.15 2018가단100820
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Defendant head of the Gu announced the authorization of the implementation plan for the urban planning project (road) as E in Seongbuk-gu Seoul Metropolitan Government, in order to implement the project (hereinafter “instant road project”) of opening a road with an extension of 290 meters (hereinafter “instant road”) in Seongbuk-gu Seoul pursuant to the former Urban Planning Act (amended by Act No. 6655 of Feb. 4, 2002 and repealed by Article 2 of the Addenda to the National Land Planning and Utilization Act (amended by Act No. 6655 of Jan. 1, 2003).

B. At the time, each of the instant road sites included the land owned by the Plaintiffs as indicated in the following table (hereinafter “each of the instant land”). However, the Defendant paid compensation to the Plaintiffs pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) for the instant road project, and acquired through consultation or expropriated each of the instant land, and used it as the instant road site.

Plaintiff

On May 30, 2003 (Expropriation) 3,548,530, Seongbuk-gu Seoul, Seongbuk-gu, Seoul on February 18, 2004 (consultation acquisition) 46,593,970 B, Seongbuk-gu, Seongbuk-gu, Seoul on May 30, 2004 (Expropriation) 15,60,60,600,600, 36/38, out of 126,278,760, Seongbuk-gu, Seongbuk-gu, Seoul on March 8, 2004, 36/38, out of 126,278,760 square meters of 142 square meters in Seongbuk-gu, Seongbuk-gu, Seoul on May 30, 203; 37,407,407,204 square meters in Seongbuk-gu, Seongbuk-gu, Seoul on May 30, 2003.

C. On the other hand, on August 23, 2007, the Mayor of Seongbuk-gu Seoul Metropolitan Government designated and publicly announced one of the Seongbuk-gu Seoul Metropolitan Government M& as a N-Housing Redevelopment Improvement Zone, including each of the land in this case.

On June 30, 2008, the defendant head of the Gu shall designate a project developer as a housing redevelopment project partnership for a zone (hereinafter referred to as “instant partnership”) with respect to a housing redevelopment project for a zone designated as a rearrangement zone (hereinafter referred to as “instant rearrangement project”).

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