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(영문) 서울동부지방법원 2020.05.06 2019나31964
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

. Facts of recognition.

A. On May 13, 2005, on the part of the sale on April 26, 2005, three persons including the Plaintiff [3/10 shares of the Plaintiff, 5/10 shares of the non-party D (2.5/10 shares of the non-party D)] on the part of the non-party B, the transfer of ownership was registered in the non-party E’s name on July 17, 2009, with respect to the non-party D’s shares of the non-party D 2.5/10 shares.

) The registration of ownership transfer was completed with Nonparty F 2/10 shares.

B. On November 28, 2006, in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Defendant requested Non-Party I Co., Ltd and J to assess the instant land, etc. in order to implement G projects (China).

C. On December 15, 2006, each appraisal corporation submitted to the Defendant a report on the assessment of goods appraised as B by the holder of a right to receive compensation for removal of block slate (17*9), which is an unauthorized building (no unauthorized building ledger exists) located on the instant land (hereinafter “the instant stable”) at the time of occupying and managing the same and paying the repair cost (a report on the assessment of goods was submitted to the Defendant, which was investigated into the relationship with an unauthorized stable, where there was no unauthorized building ledger).

B around June 2009, around the end of June 2009, filed a claim against the Defendant for the payment of obstacles to the instant stable.

E. Accordingly, the Defendant paid KRW 18,595,50 (including repair expenses) to B as compensation for losses following the removal of the incorporated land, and thereafter, the Defendant removed the instant stable.

F. Meanwhile, regarding E’s share in the instant land, the same day on January 10, 2012 due to the acquisition of a public site agreement, and the name of the Defendant on February 10, 2012 for each share in D and F, and the Plaintiff’s share on February 23, 2012 for each share in D and F.

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