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(영문) 서울동부지방법원 2015.04.29 2014가합102881
손해배상(기)
Text

1. The Defendant’s KRW 8,273,445,678 to the Plaintiff and 5% per annum from December 27, 2014 to April 29, 2015 to the Plaintiff.

Reasons

Basic Facts

On November 3, 1972, the Minister of Land, Transport and Maritime Affairs (the previous construction department, the Ministry of Construction and Transportation, the Ministry of Construction and Transportation, the same shall apply hereinafter) established a plan for creation of a park in Sungnam-si, which is based on the Urban Park Act and the Urban Planning Act, and on March 9, 1994, the Sungnam-si announced C in Sungnam-si, and on December 5, 1994, the Sungnam-si announced D in Sungnam-si, the above plan was partially modified to determine E-Japan 24,100 square meters as a golf range site.

On December 20, 1994, the Plaintiff received notification of conditional designation from the Sungnam City Mayor on January 10, 1995 on the authorization for the establishment and management of urban park facilities (the total floor area of a golf driving range is 3,450 square meters; hereinafter the same shall apply) and the application for designation of a project implementer.

(hereinafter) At the time, the Sungnam City approved the opening of access roads to neighboring public land (public land) by attaching conditions, such as obtaining permission to open access roads from the Korea Land Development Corporation (hereinafter “Korea Land Development Corporation”) to the Plaintiff.

Accordingly, according to the above disposition of designation of the project implementer, the Plaintiff purchased 4,000 square meters in the project site and obtained permission to use state forests in F, and invested KRW 798,231,640 in order to implement the above conditions.

However, on February 23, 1995, the Sungnam City revoked the designation of the project implementer on the grounds that the military unit's consent cannot be obtained in relation to the above project.

On March 27, 1995, the Plaintiff applied for the authorization of the installation and management of urban planning facilities (the second application) again on June 26, 1995 with the consent of the commander of the 9125 military unit, which is the pertinent military unit.

However, on July 14, 1995, the Sungnam City demanded to supplement by August 8, 1995 the nine conditions that were not mentioned at the time of the former project operator designation. The plaintiff changed the access road among them.

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