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(영문) 서울중앙지방법원 2015.05.27 2014가합41426

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a project implementer of Jongno-gu Seoul Metropolitan Government, Jongno-gu, 14,225.3 square meters (hereinafter “instant project area”) located in the project area as C’s urban environment rearrangement project (hereinafter “instant project”).

B. The Plaintiff owned the Jongno-gu Seoul Metropolitan Government D. D. 9.2 square meters and one-story building on its ground (hereinafter “instant building”). However, 90.9 square meters, which are part of the said land, were included in the instant business area, and on December 24, 2009, the said land was divided into Seoul Jongno-gu E. E. 90.9 square meters and D.3 square meters (hereinafter “instant land”) located in the instant business area.

On the other hand, the Defendant removed the instant building on October 25, 2010.

C. On August 14, 2013, the Plaintiff, who was undergoing a lawsuit seeking revocation of a management and disposition plan related to the instant project against the Defendant (Supreme Court Decision 2012Du15036), entered into an agreement (hereinafter “instant agreement”) with the Defendant on the part of the Plaintiff, which included the following: (a) by October 31, 2013 (which was extended until December 31, 2013) the Defendant’s order to prohibit the Plaintiff from entering into a new building (hereinafter “new building”) on the instant land (hereinafter “instant agreement”); and (b) the main contents are as follows.

1. The Defendant shall ensure that the area of commercial buildings (exclusively owned area) is 25.3 square meters on the first floor to the Plaintiff.

(Provided, That when the above location and area of a commercial building are guaranteed, the Plaintiff may not file any claim related to the instant project, such as a request for separate cash settlement money, or file a civil petition.

3. The defendant has the first floor (not less than 3 meters in height, not less than 2.6 meters in height, not less than 2.6 meters in height, and not less than 2 square meters in total) above the land of this case owned by the plaintiff, with the equal or higher materials of the head box on the land of this case owned by the plaintiff, and the defendant is responsible for all administrative procedures and construction, and approximately 2.0 of the relevant parcel number for the entry of electricity, gas, water supply and drainage facilities.