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(영문) 인천지방법원 2020.04.23 2019구합52489

손실보상금

Text

1. The Defendant: (a) KRW 21,287,740; (b) KRW 9,123,750 to Plaintiff B; and (c) from November 14, 2018 to April 23, 2020 to Plaintiff B.

Reasons

1. Basic facts

(a) Business authorization and public announcement, etc. - Business name: C Housing redevelopment and rearrangement project (II) - Public announcement of project implementation authorization: D public announcement of Gangnam-gu Incheon Metropolitan City on January 8, 2010 (business period: 60 months from the date of authorization for project implementation, and Defendant: Public announcement of authorization for project implementation: Public announcement E (business period: 132 months from the date of authorization for project implementation);

B. The Incheon Metropolitan City Regional Land Tribunal’s ruling of expropriation on September 19, 2018 - ① 153 square meters and obstacles (hereinafter “real estate, etc. of this case”) in the Michuhol-gu Incheon Metropolitan City F, Incheon, and 153 square meters and obstacles (hereinafter “real estate, etc. of this case”): Plaintiff A (trust, trustee, and trustee; hereinafter “Nonindicted Company”) and G (hereinafter “Nonindicted Company”). ② H large 136 square meters and obstacles (hereinafter “second real estate, etc. of this case”): Plaintiff B-Compensation for losses (hereinafter “Plaintiff and Nonparty Company”): < Amended by Act No. 287,349,300 (Land), 198,54,800 (Land): 209,854,800 (Land): 44,896,400 (Land) - Expropriation date: November 13, 2018.

(1) Plaintiff A and Nonparty Company: 291,465,00 won (land), 204, 480, 660 won (land). ② Plaintiff B: 213,928,00 won (land), 46,346, 80 won (land)

(d) The court’s appraisal results - The appraisal results - The appraisal of real estate No. 1 in this case as follows: < Amended by Presidential Decree No. 304,760,700 (land), 212,472,700 (land), 212,472,70) (2) The real estate No. 2 in this case : 221,340,000 (land), 48,058,630 ( ground for recognition) / The evidence No. 1 through 5 (including the land number; hereinafter the same shall apply), No. 2,5, and 6, and the purport of the entire pleadings as follows:

2. Determination on this safety defense

A. The gist of the defendant's assertion is that the plaintiff A entrusted the non-party company with the real estate of this case, and the right to claim compensation for expropriation belongs to the non-party company, which is the trustee. The plaintiff A must do so 60 days after the date of delivery of the original written judgment on the objection of this case.