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(영문) 서울고등법원 2017.06.09 2016나2067203
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The first instance court dismissed all of the plaintiffs' claims for the payment of the amount equivalent to the down payment of the first and the second down payment and the interest on the moving expenses, and the plaintiffs filed an appeal only for the claim for the payment of the amount equivalent to the first and the second down payment, and this court shall judge only for the claim for the payment equivalent to the first and the second down payment.

2. Basic facts

A. The parties 1) The Defendant is the Gangnam-gu Seoul Gangnam-gu Seoul and the J apartment with the size of 24,161.6 square meters outside four parcels (hereinafter “instant apartment”).

(1) A housing reconstruction project for the housing reconstruction project (hereinafter “instant rearrangement project”);

In order to implement the project, the reconstruction association which obtained the authorization of establishment from the head of Gangnam-gu Seoul Metropolitan Government on November 18, 2002, is a reconstruction association which obtained the authorization of establishment, and the Act on the Maintenance and Improvement of Urban Areas and

When this was enacted on December 30, 2002 and enforced on July 1, 2003, the establishment registration was completed on July 29, 2003. 2) Plaintiff F owned the instant apartment Nos. 35 407, and Plaintiff F lost its ownership on September 22, 2014, as the said apartment was adjudicated in the auction procedure for real estate rent (Seoul Central District Court L).

Plaintiff

G was a member of the Defendant, who owned the instant apartment Nos. 35, 1207, but was disqualified on February 15, 2016 as the said apartment was successful in the real estate auction procedure (Seoul Central District Court M).

B. 1) The Defendant received project implementation authorization from the head of Gangnam-gu Office on July 11, 2006. 2) The Defendant notified P members of the guidance for the application for parcelling-out and the procedure for parcelling-out, and received the application for parcelling-out from P to August 11, 2006.

3) The Plaintiffs are to be newly constructed to the Defendant during the period for application for parcelling-out (hereinafter “new apartment of this case”) by implementing the instant improvement project.

(4) The Defendant applied for the parcelling-out of 63 square meters (208.94 square meters) at the special meeting of August 12, 2006, below the management and disposition plan.

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