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(영문) 서울고등법원 2021.01.29 2020나2028854

손해배상(기)

Text

Of the judgment of the first instance, the part against Defendant C, D, and E in excess of the following amount ordered to be paid shall be all.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment project whose business area covers 94,245 square meters in Seongbuk-gu Seoul Metropolitan Government G G in order to implement a housing redevelopment project.

2) Defendant C is the former owner of the real estate listed in the annex 1 attached to the above project area, who occupied and used the first floor of the above real estate. Defendant D is the former owner of the real estate listed in the annex 2 attached to the above project area, who occupied and used the second floor of the above real estate. Defendant E is the former owner of the real estate listed in the annex 3 attached to the above project area, who occupied and used the first floor of the above real estate.

3) On March 17, 2017, Defendant F leased the lease deposit of KRW 20 million, monthly rent of KRW 500,000 among the real estate listed in the attached Table 3 attached hereto from Defendant E, and occupied and used the leased part of KRW 20 million (hereinafter “each of the relevant possession parts”). (b) On July 27, 2017, the Plaintiff was subject to a management and disposal plan for a housing redevelopment improvement project for A renewal promotion zone by the head of Seongbuk-gu Seoul Special Metropolitan City (hereinafter “head of Seongbuk-gu”) on July 27, 2017, and the head of Seongbuk-gu (hereinafter “the head of Seongbuk-gu”) announced the management and disposal plan around that time.

On March 23, 2018, the Seoul Special Metropolitan City Local Land Expropriation Committee made a ruling on the expropriation of each real estate listed in attached Forms 1 through 3 as of May 11, 2018, with the starting date of expropriation as of March 23, 2018.

2) On May 8, 2018, prior to the date of the foregoing expropriation, the Plaintiff deposited KRW 956,58,040 as a person who was a truster of Defendant C on the ground of Article 40(2)4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Interest Business Act”) and Article 248(1) of the Civil Execution Act, with Defendant C as a person who was a truster, KRW 730,275,770 as of April 27, 2018, and KRW 584,33,980 as of May 8, 2018, respectively.

3) On June 21, 2018, the Plaintiff attached Forms 1 through 3.