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(영문) 서울중앙지방법원 2017.11.30 2017나35754

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In 198, the Seongbuk-gu Seoul Metropolitan Government planned the Seongbuk-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special District for Housing RedevelopmentD as a district for Housing Redevelopment. On April 23, 2002, the Seoul Seoul Special Metropolitan City public notice E, for the designation and public notice of the F-Housing Redevelopment Zone with respect to the size of 18,486 square meters in Seongbuk-gu Seoul Special Metropolitan City Seoul Special Metropolitan City, and at the time, the building owned by the Plaintiff was excluded from the above redevelopment area.

B. Meanwhile, the F District Housing Redevelopment and Improvement Project Association (hereinafter “instant redevelopment project association”) was established to implement a housing redevelopment project of Seongbuk-gu Seoul Metropolitan Government Seoul Seongbuk-gu, and obtained authorization for the establishment of a partnership from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “the head of Seongbuk-gu”) on March 17, 2008.

C. On July 8, 2010, the Seoul Metropolitan Government publicly announced I, as the Seoul Metropolitan Government public notice, publicly announced an urban management plan (J-1 district unit planning zone and plan; hereinafter the same plan referred to as “instant district unit planning zone”) regarding the size of 52,908 square meters in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, as well as a decision on the instant district unit planning zone and a topographic map (hereinafter “instant district unit planning zone”). In particular, the Seongbuk-gu Seoul Special Metropolitan City unit planning zone was designated as a special planning zone (hereinafter “instant special planning zone”), and the land and buildings owned by the Plaintiff were included in the instant special planning zone.

On November 29, 2010, the redevelopment cooperative of this case filed an application with the head of Seongbuk-gu to change the existing housing redevelopment improvement plan and the designation of improvement zones by reflecting the special planning zone of this case. The details of the application include adding land and buildings owned by the plaintiff to the improvement zone, and the head of Seongbuk-gu city and May 24, 201.