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(영문) 서울서부지방법원 2018.05.04 2017가단236810
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Defendant is only the Seodaemun-gu Seoul Metropolitan Government Cdong (hereinafter “Cdong”).

A) A housing reconstruction project partnership consisting of D-one project district. The plaintiff is a defendant's association member who owns real estate located in the above project district, as shown in Table 1 below, and purchased an apartment to be reconstructed. 2) The appraised area and appraised value of the plaintiff's ownership and possession as stated in the notification statement prepared by the defendant at the time of obtaining project implementation authorization shall be as listed in the following table 1:

In the above notification statement, KRW 371,966,40,00, total assessed amount of KRW 278,416,200 and assessed amount of KRW 93,550,200 for E and F-ground buildings owned by the plaintiff, shall be included in the total assessed amount.

In Table 1, the appraised value of the area of appraisal of shares owned by the number of lots 1 E, 24/307 16.651 m2,651 m24,364,575 m26 m26 m26 m24,307 m24,249,600 m24,307 10 m24,307 24,379,600 4 I 28 m24,307 7,160 m27,182,000 5 J 24,307 m24,307 m26 m26,500 m26 m26,50 m26,500 m26,50 m25,000 m26 m26 m26 m26,500 m2536 m25.

B. Part of the land owned by the Plaintiff (referred to as the sequence 1 to 3, and 5 from among the above table 1) was divided in around 2017 as indicated below.

In addition, the number of a lot No. 2 attached Table 2 is 1 E, 213 square meters E, 39 square meters, 55 square meters M, 26 square meters, G-27 square meters, 26 square meters, 18 square meters in G-26 square meters, 8 square meters in 10 square meters, 10 square meters in H-3 square meters in 10 square meters in 10 square meters in 10 square meters in 26 square meters in Q-26 square meters in 26 square meters in place, after the division of a lot number before the division.

C. On March 26, 2017, the Defendant passed a resolution on the management and disposal plan at an ordinary general meeting held on March 26, 2017, and according to the above management and disposal plan, the size and appraised amount of the land owned or occupied by the Plaintiff is

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The assertion; and

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