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(영문) 서울북부지방법원 2020.07.23 2018가합1173
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B:21,615,750 won and its related thereto from January 30, 2020:

B. Defendant C shall be KRW 10,395,110, and

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project with one project zone in Seongbuk-gu Seoul E, and Defendant B is the former owner of the real estate listed in the attached Table 1 list in the above project zone, who occupied and used the five-story of the above real estate; Defendant C is the person who occupied and used the part of the attached Form 1 among the first floor of the real estate listed in the attached Table 2 list in the above project zone, and Defendant C occupied and used the part of 30.28 square meters in the ship connecting each point in order of (A) of the attached Form 1, 2, 3, 4, 5, 6, 1 among the first floor of the real estate listed in the attached Table 2 list in the above project zone; Defendant D is the former owner of the real estate listed in the attached Table 3 list in the above project zone and was the person who occupied and used the part of 23 square meters in the part of the attached Form 23 square meters in order

(B) The real estate possessed and used by the Defendant is each occupied and used (hereinafter referred to as "each corresponding occupied portion").

On July 27, 2017, the Plaintiff received an administrative disposition plan from the head of Seongbuk-gu Seoul Metropolitan Government, and the head of Seongbuk-gu publicly notified the administrative disposition plan around that time.

C. Upon the Plaintiff’s application for adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication of expropriation of each real estate listed in the separate sheet 1, 2, and 3 as of May 11, 2018, and the Plaintiff completed the registration of ownership transfer on June 21, 2018 with respect to each of the above real estate on the ground of expropriation, after depositing compensation for losses due to each expropriation ruling prior to the commencement date of expropriation.

Until June 4, 2019, Defendant B occupied and used each of the relevant occupied parts until October 4, 2019, Defendant C, and Defendant D until September 30, 2019.

E. From May 11, 2018 to May 10, 2019, the annual amount equivalent to the rent of 20,183,000 won, and from May 11, 2019, the amount equivalent to the daily rent of 57,310 won, and from May 11, 2019, the amount equivalent to the annual rent of 7,289,000 won from May 11, 2018 to May 10, 2019, the annual rent of 7,289,00 won from May 11, 2019.

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