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(영문) 광주지방법원 2019.06.27 2019가합38

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B’s Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Partnership”) is an association established for the purpose of housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and is the executor of the Housing Redevelopment and Improvement Project (hereinafter “instant project”). Defendant C is the representative of the said association, and the Plaintiff was the owner of the Dong-gu E-gu, Gwangju (hereinafter “instant land”).

B. On May 27, 2016, the Gwangju Metropolitan City Regional Land Expropriation Committee: (a) decided on July 11, 2016 on the date of expropriation of the instant land and the instant housing (hereinafter “instant housing”); (b) compensation for losses was KRW 97,285,65,650 for the land; and (c) compensation for losses was KRW 97,285,650 for the land (=6,136,350 for the portion of the instant land + KRW 6,136,350 for the portion of KRW 33 square meters of the instant land); and (d) compensation for obstacles, such as the instant housing (13,387,500 won), KRW 23,35,500 for the instant land (hereinafter “instant adjudication on expropriation”).

C. On June 17, 2016, the Defendant Union deposited KRW 120,641,150 as the Gwangju District Court No. 3678 in 2016 with the Plaintiff as the principal deposit.

In response to the above ruling of expropriation, the Plaintiff filed an objection with the Central Land Expropriation Committee on December 22, 2016. However, the Plaintiff filed an administrative litigation seeking the increase of compensation for expropriation (hereinafter “previous administrative litigation”), but was sentenced to a ruling of dismissal of request on July 20, 2017 (Seoul District Court 2017Guhap114), and the Plaintiff appealed, but on February 1, 2018, the appeal was dismissed and confirmed.

(Reasons for Recognition) The fact that there is no dispute, entry of evidence Nos. 1 and 21, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The defendants' arguments are jointly and severally liable to compensate for the following damages = KRW 742,610,777 calculated by aggregating the amount of compensation and the amount of compensation for other obstacles = 109,716,750.