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(영문) 서울북부지방법원 2019.01.31 2017가합24186

손해배상(기)

Text

1. Defendant C shall pay to the Plaintiff KRW 101,00,000 and the interest rate of KRW 15% per annum from July 11, 2017 to the date of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is entitled to the instant rearrangement zone, 68,230.5m2 (hereinafter “instant rearrangement zone”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of establishing an association for housing reconstruction projects.

Pursuant to the agreement, the head of Jung-gu Seoul Metropolitan Government (the head of the Gu on September 4, 2008; and the housing reconstruction project partnership (the project implementer who was authorized to implement the project on June 21, 2013; 2) the network E (hereinafter “the network”) was the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) located in the instant improvement zone, and the Defendant B, as the heir of the deceased on June 1, 201, completed the registration of ownership transfer due to inheritance by consultation and division on December 10, 201.

3) On October 15, 2012, Defendant C is the second floor of 101.79 square meters (hereinafter “instant store”) among the real estate indicated in the attached Table No. 2 from Defendant B, as indicated in the attached Table No. 2, from Defendant C around October 15

(2) On January 22, 2015, the Plaintiff leased the instant real estate and occupied it. (2) On January 22, 2015, the Plaintiff was subject to the approval of the management and disposal plan under Article 49(2) of the Urban Improvement Act, and the head of Jung-gu Seoul Metropolitan Government announced the approval of the management and disposal plan on the same day. (c) On May 10, 2010, the Plaintiff exercised against the Deceased the right to demand sale under Article 39 of the Urban Improvement Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings, as the court held on May 10, 2010, the Plaintiff exercised the right to demand sale of the instant real estate. On November 3, 2010, the said court rendered a judgment that “The deceased shall receive KRW 1,832,434,800 from the Plaintiff, and the Plaintiff shall be subject to the transfer registration on the instant real estate on September 1, 2010.”

2. Accordingly, the Deceased appealed by Seoul High Court No. 2012Na4482, but December 10, 201.