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(영문) 수원지방법원안양지원 2019.11.08 2017가합104991
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B: (a) from April 23, 2019 to KRW 8,533,000; (b)

B. Defendant C shall be KRW 15,400,000, and

Reasons

1. Basic facts

A. During Ansan-si, the Plaintiff is a housing redevelopment project partnership that obtained authorization to establish an association from the Gyeyang-si City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on May 29, 2012 for the purpose of the housing redevelopment project (hereinafter “instant redevelopment project”).

B. Defendant B owned the real estate listed in attached list No. 1, Defendant C owned the real estate listed in attached list No. 2, Defendant D owned 1/2 of the real estate listed in attached list No. 3, and each of the real estate listed in attached list No. 3 (hereinafter collectively referred to as “each of the real estate is referred to as “the real estate” and “the real estate” is located within the project implementation area of the redevelopment project of this case.

C. On June 2, 2015, the Plaintiff obtained authorization to implement the instant redevelopment project from the Ansan market, and the said authorization to implement the redevelopment project was publicly notified on the same day.

The Plaintiff received an application for parcelling-out from July 27, 2015 to September 4, 2015, and received an additional application for parcelling-out from September 5, 2015 to September 14, 2015.

Defendant D was an association member by filing an application for parcelling-out with F within the above period, but the remaining Defendants became eligible for cash settlement because they did not file an application for parcelling-out within the above period.

E. On April 22, 2016, the Plaintiff received the approval of the management and disposal plan of the instant redevelopment project from the Ansan market, and was publicly notified on the same day.

F. Around January 2017, the Plaintiff filed an application with the Gyeonggi-do Regional Land Expropriation Committee for the adjudication of expropriation of the instant real estate Nos. 1 and 2. On May 15, 2017, the said Committee rendered the adjudication of expropriation with the expropriation commencement date on June 29, 2017; Defendant B’s compensation for losses was KRW 311,859,630; and Defendant C’s compensation for losses was KRW 637,725,560.

G. On June 22, 2017, according to the above acceptance ruling, the Plaintiff is Defendant B.

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