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(영문) 서울북부지방법원 2018.04.04 2016가단148064

손해배상(기)

Text

1. The defendant,

A. The Plaintiff A’s KRW 86,905,517 as well as 5% per annum from October 15, 2012 to April 4, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiffs were the owners of each of the following lands (hereinafter “each of the instant lands”).

Plaintiff

On March 24, 1999, the land registration date A, Dongdaemun-gu Seoul Metropolitan Government C large 32.1㎡, B, Dongdaemun-gu Seoul Metropolitan Government D large 50С on June 16, 1989.

The defendant head of the Gu publicly announced on October 27, 2001 the implementation plan for urban planning facilities with the following contents in order to implement the project to create the residents' rest space (from the next day, the resident rest project of this case) on each land of this case.

Project site: The project implementer of each public vacant land (resident recreational space): The head of the Gu;

C. The Defendant expropriated the land of October 10, 2002 and D land of April 29, 2002 in order to implement the rest area business of the instant resident, respectively.

The defendant completed the rest area of the resident of this case on November 1, 2002 and January 13, 2003 and thereafter operated each land of this case as the rest area for the resident of this case.

E. Meanwhile, on November 1, 2007, the defendant head of the Gu publicly notified the authorization of the implementation of the E-Housing Redevelopment Project, and approved the management and disposal plan on December 31, 2008.

F. Around 2008, the Defendant transferred each of the instant land to E Housing Redevelopment and Improvement Project Association without compensation, and removed the instant resident shelters around 201.

[Reasons for Recognition] A without dispute, Gap evidence 1 through 7, Eul evidence 1 to 14, the result of the request for appraisal by this court, the purport of the whole pleadings

2. Determination

A. The Defendant’s liability for damages was abolished as the purpose of the instant resident’s shelter project, which is the purpose of which the Defendant’s expropriation of each of the instant land, to authorize the implementation of the housing redevelopment project, and the Plaintiffs’ repurchase right was created around 2011 when the instant resident’s shelter was removed at the latest.

Since the defendant did not notify or publicly notify the plaintiffs of the occurrence of the right of repurchase, the plaintiff Eul suffered losses from the loss of the right of repurchase on November 2, 2012 by the plaintiff Eul on January 14, 2013.

The defendant shall compensate for the damages suffered by the plaintiffs.