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(영문) 수원지방법원 성남지원 2018.07.24 2016가단214536
손해배상(기)
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. The following facts may be acknowledged, either as a dispute between the parties or as a whole, as to Gap evidence Nos. 2, 5 (including paper numbers), and Eul evidence Nos. 5 and 8 (including paper numbers), as a result of the court’s entrustment of appraisal to appraiser D by this court, as a result of the fact inquiry and response to E-Housing Redevelopment and Improvement Project Association.

Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a contract with Defendant C District Housing Association (hereinafter “Defendant Association”) to build a new apartment house (G; hereinafter “instant apartment house”) with a total of 672 households in the number of 672 households in the Hanam-si and carried out construction work on July 2016.

B. In the process of the instant apartment construction, the Defendants also implemented the expansion of the road adjacent to the H land and the above building owned by the Plaintiff (hereinafter referred to as the “instant land”) (hereinafter referred to as the “instant road”), and the said land and building were adjacent to the instant building (hereinafter referred to as the “instant real estate”).

C. The road of this case was originally built at a level of 10 meters wide, leading to the building of this case and without distinction between the pedestrian road and the road (see attached Form 1 photographs), and in the process of expanding it to a level of 20 m to a point of 25 m or 25 m wide, the road of this case was installed at a level lower than the original road’s height, and the part adjacent to the

(See Attached Form 2). (d)

The instant real estate is included in E-Housing Redevelopment Improvement Project Zone, and according to the management and disposal plan of November 28, 2017 of the said redevelopment improvement project, the assessed value of the previous asset (based on March 31, 2016) applying a proportional rate to the instant real estate is KRW 410,537,438, and the Plaintiff as a member of the association applies for parcelling-out.

2. Judgment on the plaintiff's assertion

A. The construction works of the road of this case executed by the Plaintiff’s assertion by the Defendants were originally executed.

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