손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff (the title prior to the amendment of the articles of incorporation of November 11, 2013 is “social welfare foundation B”) is a social welfare foundation established with the purpose of contributing to the promotion of social welfare by establishing and operating a social welfare center under the Social Welfare Services Act and performing projects necessary for achieving the objectives of social welfare foundations.
B. The Plaintiff owned the land as a fundamental property of the Dong-gu Incheon Metropolitan City 116 square meters, D large 486.6 square meters, E large 20.2 square meters, F large 17.4 square meters, G large 113.1 square meters (hereinafter “each of the instant lands”). The said land was incorporated into the “H area’s residential environment management business” promoted by the Defendant, and there was no agreement between the Defendant and the Plaintiff for the acquisition of each of the instant lands, but there was insufficient compensation.
C. Accordingly, the Defendant applied for the adjudication of expropriation of each of the instant land to the Incheon Metropolitan City Regional Land Expropriation Committee. On May 12, 2015, the said Regional Land Expropriation Committee determined the compensation amount to KRW 1,082,618,330, and the starting date of expropriation as of June 26, 2015 and rendered the adjudication of expropriation of each of the instant land.
However, with respect to the claim for compensation for losses for each of the instant lands owned by the Plaintiff against the Defendant, the seizure and provisional seizure of the Plaintiff’s creditors were concurrent. On June 25, 2015, the Defendant deposited KRW 1,082,618,330 for each of the instant lands in accordance with Article 40(2)4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor and Article 248(1) of the Civil Execution Act on the grounds of competition, such as seizure of claims by designating the Plaintiff as the depositee.
(In 2015, Jincheon District Court No. 5237). After the commencement of the distribution procedure, the deposit was distributed to the creditors of the plaintiff on September 24, 2015.
E. According to the Plaintiff’s objection against the adjudication of expropriation by the said local Land Expropriation Committee, the Central Land Expropriation Committee shall take the instant land and obstacles on October 22, 2015.