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(영문) 서울고등법원 2015.07.23 2015나2018525

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership which obtained authorization for establishment on July 18, 2008 from the head of Mapo-gu Seoul Metropolitan Government to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) of 51,476.40 square meters of Seoul Mapo-gu Pilwon pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

The Defendants are owners of each real estate listed in the separate sheet in the instant business area, who have occupied each of the above real estate.

B. On November 25, 2009, the Plaintiff obtained authorization for the implementation of the instant redevelopment project from the head of Mapo-gu Seoul Metropolitan Government to newly build 12 units of multi-family housing in the instant project zone from the head of Mapo-gu Seoul Metropolitan Government on November 25, 2009, and issued the application period for parcelling-out to the members on January 22, 2010, setting the period for the application for parcelling-out to the members from January 25, 2010 to March 25, 2010, and the Defendants applied for parcelling-out. 2) The Plaintiff was subject to an administrative disposition plan from the head of Mapo-gu Office on May 22, 2013, and the head of Mapo-gu publicly notified the above administrative disposition plan on May 30, 2013.

3) Meanwhile, after obtaining authorization for the implementation of a project on November 25, 2009, the Plaintiff obtained authorization for the implementation of a project from the head of Mapo-gu Office on December 10, 201; June 22, 2011; April 29, 2013; and obtained authorization for the implementation of a project on five occasions, including June 27, 2013; and November 25, 2013; on September 25, 2014, the Plaintiff obtained authorization for the alteration of the implementation of a project on five occasions from the local Land Tribunal of Seoul Special Metropolitan City on August 22, 2014, on five occasions; and on the one hand, obtained the authorization for the alteration of a project implementation plan with the content that the number of households in large square type exceeds 198 square meters and the number of households in large volume exceeds 85 square meters in demand, etc. from 144 households; and on the other hand, the Plaintiff obtained the authorization for the commencement of settlement of cash against the person subject to be liquidated.