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(영문) 대구지방법원서부지원 2020.06.03 2019가단62427
손해배상(기)
Text

1. The defendant shall pay 104,105,000 won to the plaintiff and 12% per annum from February 20, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that obtained authorization for establishment on February 27, 2014 from the head of the Daegu Metropolitan City in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project (hereinafter “project in this case”) with a size of 76,461 square meters in the Seo-gu Seoul Metropolitan City as a rearrangement zone (hereinafter “instant rearrangement zone”).

B. On December 13, 2016, the head of Seogu Metropolitan City issued a disposition to authorize the implementation of the instant project on December 13, 2016, and publicly notified the order on December 14, 2016. On January 25, 2018, he/she issued a disposition to approve the management and disposal plan and announced it on January 30, 2018.

C. The Defendant is the owner of the land and its ground buildings located in Daegu-gu Seoul-gu Seoul-gu Seoul-gu (hereinafter collectively referred to as the “instant real estate”) located in the instant rearrangement zone, and as the Plaintiff did not file an application for parcelling-out within the period for application for parcelling-out set by the Plaintiff, Article 73 (1) of the Urban Improvement Act (Measures against those who did not file an application for parcelling-out), Article 73 (1) of the Urban Improvement Act (Measures against Persons, etc.) (1) The project implementer shall consult with the following persons on the compensation for losses of land, buildings,

Provided, That a project operator may commence consultation on the date following the completion date of the period for application for parcelling-out.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out before the period for parcelling-out expires;

3. A person unable to apply for parcelling-out under the main sentence of Article 72 (6);

(2) Where a project operator fails to reach an agreement under paragraph (1), he/she shall file an application for expropriation adjudication or file a lawsuit for claiming sale within 60 days from the date following the expiration date of such period.

(3) Any project operator shall file an application for adjudication on expropriation after the expiration of the period under paragraph (2).

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