logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.11.05 2017가단138187
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 31, 2001, the defendant head of the Gu approved and publicly announced an implementation plan for the urban planning project (development of public vacant lots) for the development of public vacant land in the B B zone (the Seongbuk-gu Seoul Metropolitan Government Public Notice C), and on March 20, 2002, the above urban planning project (hereinafter “instant public vacant land development project”) was approved and publicly announced on March 20, 202

(D) In order to create the public vacant land of this case, the defendant purchased by consultation from the plaintiff and completed the registration of ownership transfer on November 21, 2002 on the above land by consultation, and thereafter used the above land as public vacant land such as children's park.

B. On August 23, 2007, the Mayor of Seongbuk-gu Seoul Metropolitan Government designated and publicly announced the 31,172.37 square meters in Seongbuk-gu Seoul Metropolitan Government, including the instant land, as G Housing Redevelopment Improvement Zone.

(H) After June 30, 2008, the defendant head of the Gu approved and publicly notified the implementation of the Housing Redevelopment Project in the G district (hereinafter referred to as the "Housing Redevelopment Improvement Project") on June 30, 2008 (the Seongbuk-gu Seoul Metropolitan Government Notice I), and on April 23, 2010, approved and publicly notified the management and disposal plan of the Housing Redevelopment Improvement Project in the G district.

(J) Seongbuk-gu Seoul Metropolitan Government Public Notice.

Since then, the Housing Redevelopment Project Association of the G district implemented the Housing Redevelopment Project in accordance with the management disposal plan, and completed the said construction after obtaining authorization of completion on December 24, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, 9, purport of the whole pleadings

2. The parties' assertion

A. Since the project to create public vacant land in this case as to the Plaintiff’s assertion is abolished or changed due to the execution of the housing redevelopment improvement project in this case’s authorization and announcement, it is no longer necessary to use the land in this case. Thus, the right to repurchase on June 30, 2008, on which the execution of the housing redevelopment improvement project in this case is authorized and publicly announced, shall be the right to repurchase on

arrow