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(영문) 서울중앙지방법원 2016.04.08 2013가합560883

손해배상(공)

Text

1. The housing redevelopment and consolidation project association of the defendant AA renewal acceleration zone shall remove the "personal amount" column in the attached list Ⅲ.

Reasons

1. Basic facts

A. Status 1 of the Parties) The Plaintiffs are D Apartment-gu Seoul Seodaemun-gu Seoul Metropolitan Government (101 to 106 units, hereinafter “Plaintiffs’ apartment buildings”).

(2) The Defendant Union is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and is an implementer of a housing redevelopment improvement project (hereinafter “instant project”) whose rearrangement zone covers approximately KRW 37,220 square meters (a total floor area of approximately 131,314 square meters) in the vicinity of the Plaintiffs’ apartment buildings as a rearrangement zone.

3) Around August 31, 2010, the Defendant Union newly built 11 units of apartment houses and ancillary facilities on the ground of the instant project site to Defendant C (hereinafter “new construction works of this case”).

A) A contract is made to Defendant B on May 201, 201, and the removal and disposal of the building in the instant project site is made to Defendant B (hereinafter “instant removal construction”).

B. A contract was made between the plaintiffs' apartment and the location of the project site of this case (refer to attached photographs and maps) 1) the plaintiffs' apartment site between the road with a width of about 6 meters, and the project site of this case is adjacent thereto.

2) Of the plaintiffs' apartment buildings, 103 units are adjacent to the west of the project site of this case and 102 units are adjacent to the west of the project site of this case. 103 units are adjacent to the 103 units, 106 units are adjacent to the south of 103 units, and 101 units, 104 units, 105 units are located on the south or south of 102 units, 106 units, respectively. The west of the project site of this case is about 140 meters in a straight line from the west boundary of the project site of this case to the 104 unit surface, and the straight line between the above project site of this case and each unit of building site of this case is close to the above project site of this case.

2 Defendant C shall have five excavationers and five thousand airs to the new construction of this case.