손해배상(기)
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 27, 2015, the Plaintiff leased the Dongdaemun-gu Seoul Metropolitan Government Land B (hereinafter “instant land”) and operated a religious facility called “Cra” at the erode building located on the instant land. The instant land was included in the D Area Housing Redevelopment Improvement Project (hereinafter “instant project”). The Seoul Metropolitan City Land Tribunal rendered a ruling to expropriate the instant land on March 27, 2015.
B. The Defendant is an enterprise entrusted with the authority of the instant industrial cooperative to remove existing buildings and promote relocating, etc. within the instant business zone. The Plaintiff, around July 3, 2015, prepared a relocation note containing a written agreement with the Defendant, stating that “the Plaintiff shall receive KRW 150 million from the Defendant as a loss incurred by relocating, and at the same time, shall move from the instant land, and shall not raise any objection to all matters related to the removal of buildings and the promotion of relocating within the instant business zone,” and “the Plaintiff shall, by July 24, 2015, make full relocation including all goods, etc. inside the instant land, etc. within the instant business zone, and if the said relocation date is not made by the said date, the Defendant would not raise any objection even if he/she voluntarily disposes of them.”
C. On July 6, 2015, the Plaintiff prepared and issued a certificate of official leave (hereinafter “instant certificate”) with the following content to the Defendant:
On July 6, 2015, the Plaintiff confirmed that on the instant land, the Plaintiff will not exercise its ownership on all things, including any scambling tool, inside and outside of the building, and that the Plaintiff will not raise any objection even after the completion of the management and removal of the building.
To waive the ownership of all the remaining things inside and in the future.