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(영문) 서울고등법원 2015.10.30 2015나2022210

손해배상(기)

Text

1. The plaintiff's appeal is all 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. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2-1 to 6, Gap evidence 3, Gap evidence 5, Gap evidence 10-1, 2, Gap evidence 12-1, 2, 4, 6, 9, Eul evidence 24, Eul evidence 26, Eul evidence 26, and Eul evidence 26.

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

The Defendants are the owners of real estate located within the instant business area.

B. (1) On November 25, 2009, the Plaintiff received the authorization from the head of Mapo-gu Seoul Metropolitan Government Office to newly construct 12 units of multi-family housing in the instant project zone on January 22, 2010, and gave guidance on the application for parcelling-out to the members on January 22, 2010, and the Defendants filed the application for parcelling-out. (2) The Plaintiff received the approval of the management and disposal plan from the head of Mapo-gu Seoul Metropolitan Government Office on May 22, 2013, and the head of Mapo-gu Seoul Metropolitan Government Office announced the management and disposal plan on May 30, 2013.

3) Meanwhile, on November 25, 2009, the Plaintiff obtained authorization for the implementation of a project on five occasions, including the authorization from the head of Mapo-gu Seoul Metropolitan Government on December 10, 201; June 22, 2011; April 29, 2013; and on November 25, 2013; and obtained authorization for the alteration of the implementation of a project on five occasions; and on September 25, 2014, the Plaintiff obtained authorization for the alteration of the implementation of a project on five occasions, including the fact that the number of households exceeds 198 square meters and the number of large-scale square households exceeds 85 square meters in accordance with the market demand, etc. from 144 households. 4) The Plaintiff obtained authorization for the alteration of a project implementation plan on August 22, 2014 from the Local Land Expropriation Committee of Seoul Special Metropolitan City on August 22, 2014.