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(영문) 대전지방법원 2016.01.20 2014가합105794

손해배상(기)

Text

1. The Defendants jointly share KRW 9,876,300 with the Plaintiff and KRW 5% per annum from March 27, 2011 to January 20, 2016.

Reasons

Basic Facts

On July 31, 2006, Defendant C Housing Redevelopment Project Association (hereinafter “Defendant C Housing Redevelopment Project Association”) is a housing redevelopment project partnership established with the approval of establishment from the head of the Gu among Daejeon Metropolitan City on July 31, 2006, and Defendant B works as the head of the said partnership.

On December 28, 2006, pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant Union received authorization from the head of the Gu of Daejeon Metropolitan City to implement the C Housing Redevelopment Improvement Project whose project implementation district includes D members, and the head of the Gu of Daejeon Metropolitan City announced it as E.

The Plaintiff owned a single-story house of 64.52 square meters (hereinafter “instant building”) within Daejeon-gu, Daejeon-gu, the project implementation district at the time of the said notification.

In accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Defendant Cooperative filed an application for adjudication of expropriation with the Daejeon Metropolitan City Land Expropriation Committee pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and filed an adjudication of expropriation on August 5, 2010 to commence expropriation of the building in this case and the building in this case and the building site in Jung-gu, Daejeon as of September 9, 2010.

Upon the Plaintiff’s refusal to receive compensation, the Defendant Cooperative deposited the Plaintiff as the principal deposit on September 3, 2010 and deposited the sum of KRW 382,94,00,00 in total, the compensation for the instant buildings and the land stipulated in the said ruling of expropriation in the Daejeon District Court No. 4328 in 2010.

Defendant Union completed the registration of ownership transfer on September 28, 2010 on the instant building due to expropriation on September 9, 2010.

On January 27, 2011, the Defendant Union filed a lawsuit for the delivery of a building against the Plaintiff by Daejeon District Court 2010Kadan33795, and received a favorable judgment of the provisional execution declaration book (hereinafter “instant case”).

The plaintiff appealed from Daejeon District Court No. 2011Na2706, but the judgment dismissing the appeal was rendered on October 11, 201, and the above judgment was rendered.