(영문) 광주지방법원 2017.08.11 2017가단501592



1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the attached Table 1 list;

B. Defendant C Co., Ltd. shall be listed in the Appendix 2 List.


1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association whose business area covers 97,197 square meters in Dong-gu, Gwangju Metropolitan City.

B. On September 23, 2015, the Plaintiff obtained authorization for the implementation of the project from the head of the Dong-gu Gwangju Metropolitan City with respect to the above project zone, and received application for parcelling-out from its members, and on April 29, 2016, the Plaintiff was publicly notified as H on the same day by the head of the Dong-gu Seoul Metropolitan City, Seoul Metropolitan

C. The Defendants were engaged in the business of occupying each of the pertinent buildings listed in the Disposition No. 1 located within the said project implementation district (hereinafter “each of the instant buildings”). D.

On March 15, 2017, the Gwangju Metropolitan City Land Tribunal: (a) determined compensation for losses to Defendant B, Defendant D Co., Ltd, Defendant E Co., Ltd, and Defendant F Co., Ltd. for the Plaintiff’s improvement project as the following amount of deposits; and (b) decided on May 14, 2017 on the commencement date of expropriation to expropriate each of the instant buildings possessed by the said Defendants.

E. Accordingly, on April 13, 2017, the Plaintiff deposited KRW 50,000,000 as the deposited person, Defendant D Co., Ltd. as the deposited person, KRW 3,800,000 with Defendant E Co., Ltd. as the deposited person, KRW 12,00,000 with Defendant E Co., Ltd as the deposited person, and KRW 7,50,000 with Defendant F as the deposited person, respectively.

F. On the other hand, on February 15, 2017, the Plaintiff consulted with Defendant C on the amount of business loss compensation, agreed to pay KRW 76,883,30 with the amount of business loss compensation in accordance with the relevant provisions, and prepared a “agreement report” on this matter. The Defendant C agreed to deliver the pertinent building by March 22, 2017, and the Plaintiff paid the said amount of business loss compensation to Defendant C after the consultation.

【Legal basis for recognition】 Each number of evidence Nos. 1 through 4.