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(영문) 제주지방법원 2019.10.24 2018가합14119

손해배상(기)

Text

1. The defendant,

A. 1) Plaintiff A’s KRW 3,502,443 and its related costs from May 28, 2014, and KRW 7,389,058 to Plaintiff B.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation established on October 1, 2009 under the Korea Land and Housing Corporation Act and comprehensively succeeded to the property, bonds, debts, and other rights and obligations of the Korea Land and Housing Corporation.

The Korea National Housing Corporation and the Korea Land Corporation shall be deemed dissolved, notwithstanding the provisions of the Civil Act concerning dissolution and liquidation at the time of the establishment of a corporation under this Act. < Amended by Act No. 9706, May 22, 2009>

In such cases, the establishment of the Corporation shall be deemed a merger of the Korea National Housing Corporation and the Korea Land Corporation.

Article 8 (Succession to Rights and Obligations) (1) The Corporation shall comprehensively succeed to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation and the Korea Land Corporation.

(2) The names of the Korea National Housing Corporation and the Korea Land Corporation indicated in the registers and other public books shall be deemed the names of the Corporation.

(hereinafter referred to as “Defendant” without distinguishing between Defendant and Korea National Housing Corporation. B

The defendant set up a plan for the national rental housing construction project under the Act on Special Measures for the Construction, etc. of National Rental Housing (hereinafter "the project of this case") which was enforced at the JJ at Seopo-si, and the Minister of Construction and Transportation approved the above plan on July 2, 2007 and publicly notified it as K in the Ministry of Construction and Transportation.

C. From May 27, 2008 to March 25, 2009, the Defendant completed the registration of ownership transfer for each land subject to the project of this case (hereinafter “each land of this case”) as shown in the following table 1 for the purpose of the project of this case due to the consultation or land expropriation.

The acquisition of public land A with M 1,651 square meters per 1 M, 651 square meters per the date of land expropriation (Seopoon Li) by the original owner of land subject to land number registration - the acquisition of public land A with 336/2316 square meters per 2,297 square meters per 2,297 square meters per May 27, 2008 - the acquisition of public land B with 42,887, 308, 2-2 N 2,297 square meters per May 21, 2008 - the acquisition of public land C with 660/2316 square meters per 84,223,308. < Amended by Act No. 884, May 23, 2008>