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(영문) 서울북부지방법원 2020.09.24 2018가합1296

손해배상(기)

Text

The Plaintiff

A. Defendant B:6,00,000 won and its related thereto from January 1, 2020:

B. Defendant C shall be KRW 8,500,000 and this shall apply.

Reasons

1. Facts of recognition;

(a) The Plaintiff is a cooperative established to implement a housing redevelopment improvement project with the Seongbuk-gu Seoul Metropolitan Government H Group as its business area; Defendant B is the owner of the real estate listed in the attached Table 1 list in the above business area, who occupied and used all three floors of the above real estate; Defendant C is the owner of the real estate listed in the attached Table 1 list in the attached Table 1 list from Defendant B on July 9, 2012; and Defendant C is the owner of the real estate indicated in the attached

3. A lessee who, in sequence with each point of 4, 5, 6, and 1, rents a monthly rent of 46.92 square meters and has occupied and used it; and Defendant D, in sequence, occupied and used a portion of 40 square meters in the ship (A) connected each point of 500,000 square meters among the real estate 4 floors listed in the attached Table 2 list, and who occupied and used it in sequence with Defendant E, F, and G without permission.

(B) The real estate possessed and used by the Defendant is each occupied and used (hereinafter referred to as "each corresponding occupied portion").

On July 27, 2017, the Plaintiff received an administrative disposition plan from the head of Seongbuk-gu Seoul Metropolitan Government, and the head of Seongbuk-gu publicly notified the administrative disposition plan around that time.

C. Upon the Plaintiff’s application for adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal rendered the adjudication of expropriation of each real estate listed in the attached Tables 1 and 2 as of May 11, 2018, and the Plaintiff deposited compensation for losses due to each expropriation ruling prior to the commencement date of expropriation, and completed the registration of ownership transfer on June 21, 2018 with respect to each of the above real estate on the ground of expropriation on May 11, 2018.

Defendant B occupied and used the pertinent occupied portion until May 24, 2019, and Defendant C, D, E, F, and G occupy and use each of their respective occupied portion until now.

E. The amount equivalent to the rent from May 11, 2018 to May 10, 2019 for the part occupied and used by Defendant B shall be KRW 6,00,000 [the above amount = KRW 500,000 per month (the defendant B, as seen earlier, leased the pertinent portion of the possession of Defendant C to Defendant C in the monthly rent of KRW 500,000.5 million.