손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. The relevant part of the judgment of the first instance shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Assertion and determination
A. On July 30, 2008, the waterworks supplier established on the instant real estate asserted by the Plaintiff moved to another place, and thus, the instant real estate no longer needs to be used for the instant waterworks business, and thus, the Plaintiff created a redemptive right to the instant real estate under the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (wholly amended by Act No. 10239, Apr. 5, 2010; hereinafter “former Public Works Act”).
However, since the Plaintiff lost the right of repurchase on the instant real estate due to the following illegal acts by the Defendants, the Defendants are obligated to pay 100 million won and damages for delay as part of the damages suffered by the Plaintiff to each Plaintiff.
① The Defendants, upon occurrence of the right of repurchase, notified the Plaintiff of the occurrence of the right of repurchase and the relevant procedures pursuant to the relevant laws and regulations, but did not notify the Plaintiff of such fact, unlike other repurchase right holders.
② The Defendants concealed the occurrence of the right of repurchase and delayed the repurchase procedure despite the Plaintiff’s request for confirmation of occurrence of the right of repurchase.
In particular, the defendant Korea Land & Housing Corporation was aware that the repurchase business is one of its own business and delayed repurchase procedures, so that the plaintiff is unable to exercise the repurchase right after the lapse of the duration of the repurchase right.
③ In addition, the Plaintiff, an appraiser, deposited the redemption price of KRW 670 million calculated by taking into account the fluctuation rate of neighboring similar land in accordance with the relevant laws and regulations. Defendant Korea Land and Housing Corporation demanded an excessive redemption price exceeding KRW 1.477 billion, and did not guarantee the Plaintiff’s legitimate procedures for redemption consultation even though the Plaintiff raised an objection.
④ In addition, the instant real estate is first.