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(영문) 서울남부지방법원 2018.10.17 2018가단204354
손해배상(건)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. In order to carry out a housing redevelopment improvement project (hereinafter “instant project”) with the total project area of 174,801 square meters located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu Seoul Metropolitan Government (hereinafter “Defendant Association”) the Housing Redevelopment Improvement Project Association established on November 20, 2006, which was subject to authorization for project implementation on December 21, 2009 by the head of Yangcheon-gu Seoul Metropolitan Government, and obtained authorization for project implementation on March 7, 201 and May 7, 2015, respectively.

B. The Plaintiff’s mother, as the owner of Yangcheon-gu Seoul E large 97.3 square meters (hereinafter “instant land”) and above-ground buildings located within the rearrangement zone of the instant project (hereinafter “instant building”), D was residing on the second floor of the instant building along with the Plaintiff.

C. D did not apply for parcelling-out within the period of application for parcelling-out set by the Defendant Association for the Defendant Association.

Accordingly, as the Defendant Union consulted with D for the acquisition of the instant land and buildings but did not reach an agreement, it filed an application for adjudication with the Seoul Special Metropolitan City Regional Land Expropriation Committee. On October 28, 2016, the said Land Expropriation Committee decided that the instant building should be relocated and the instant land should be expropriated, and the compensation shall be set at KRW 507,351,930, and the starting date of expropriation shall be December 16, 2016 (hereinafter “instant adjudication”), and the Defendant Union deposited the full amount of the said compensation with D as the depositee on December 5, 2016.

D filed an objection to the instant adjudication with the Central Land Expropriation Committee. On September 21, 2017, the said Land Expropriation Committee rendered a ruling to change the said compensation to KRW 509,920,650, and on October 30, 2017, the Defendant Mutual Association deposited the full amount of KRW 2,568,720, which is the difference in each of the said compensation, as deposit.

E. Meanwhile, the Defendant Union filed a claim against D on April 6, 2016 to deliver the instant land and buildings with the Seoul Southern District Court.

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