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(영문) 서울북부지방법원 2015.05.07 2013가합2461

보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a reconstruction housing association that obtained authorization on June 4, 1993 to implement a reconstruction project that newly constructs a D apartment on the ground of 26,582.26 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant reconstruction project”), and the Plaintiff owned the Defendant’s members of Dongdaemun-gu Seoul E-gu (hereinafter “instant land”) and the Han-style building (hereinafter “instant building”) located within the area where the instant reconstruction project was implemented.

B. The reconstruction project of this case was approved on February 5, 1997.

C. According to the rules of the Defendant’s association, the instant reconstruction project invests in the land and building owned by the members of the project area and the state-owned and public-owned land non-owned by the members of the project area, and newly constructs multi-family housing by selecting an excellent comprehensive construction company designated by the Ministry of Construction and Transportation as the contractor (Article 27(1)), and strictly implements the Housing Construction Promotion Act and relevant laws and regulations (Article 27(1)), and the calculation of shares in the land and building invested by the members is based on

(Paragraph 2 of article 27). (d)

The document of the Defendant’s title “cases of approval on a plan for the disposal of buildings in lots”, which appears to be the general agenda materials of the Defendant’s union members, indicates that the Korea Appraisal Board (the latter was changed to an appraisal corporation for the stock company; hereinafter the same) and the Korea Appraisal Board (the Korea Appraisal Board)

E. On May 12, 2003, the Defendant: (a) determined the assessed value of the instant land and building; (b) KRW 542,793,100; and (c) KRW 591,443,643 (i) the Plaintiff’s right (i.e., the private land for the assessment and the amount distributed for the purchase of state and public land); and (c) the sale standard amount for the Plaintiff (i.e., the amount of the above right x the proportional rate x 0.925266); and (b) allocated the Plaintiff the assessed value of D apartment 104,304 (type 43) the difference.