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(영문) 서울중앙지방법원 2019.05.08 2015가합533649
손해배상(기)
Text

1. E Co., Ltd., Defendant E Co., Ltd., a lawsuit taking over the lawsuit of Defendant E Co., Ltd., shall be KRW 390,551,000 for the Plaintiffs and its related matters on June 4, 2015

Reasons

1. Basic facts

A. The plaintiffs are the parties 1) G houses located in Mapo-gu Seoul Metropolitan Government F (hereinafter referred to as the "Korea-style houses in this case").

As co-owners of the instant hanok, the instant hanok is a cultural heritage designated as H on March 17, 197 as folklore materials. 2) Defendant D Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) is an redevelopment association that obtained the authorization of establishment on September 8, 2008 to implement a housing redevelopment project that newly constructs J apartment in Mapo-gu Seoul Metropolitan Government I (hereinafter “instant apartment”) adjacent to the instant hanok.

3) Prior to the filing of the lawsuit, E Co., Ltd. (K) is the new construction of the instant apartment from the Defendant Partnership (hereinafter “instant construction”).

L Co., Ltd. is a company constructed upon contract. On September 2, 2015, L Co., Ltd. merged E Co., Ltd. prior to the filing of a lawsuit, and comprehensively succeeds to its rights and obligations, and L Co., Ltd., after the merger, changed its trade name to E Co., Ltd., and took over the status of E Co., Ltd. prior to the filing of a lawsuit (hereinafter “Defendant E”), without distinguishing between the transfer and the completion of the lawsuit.

B) 1) The Defendant Union obtained permission for the alteration of the current state of Han-gu Cultural Heritage for the instant construction from the Seoul Special Metropolitan City Mayor on September 28, 2009 for the purpose of the instant construction. It was a condition to permit the alteration of the current state to restore Han-ok’s 2 bonds and 2 Korean-style 2 bonds on the ground of Seoul Mapo-gu N, Seoul, and to newly construct Han-ok’s 2 bonds on the O ground.

2 The Plaintiffs filed a civil petition on December 16, 2013 due to the instant construction project, if the right to enjoy sunshine and view was infringed, and the right to enjoy a view was damaged by rupture and damage. On May 16, 2014, the Plaintiffs filed a civil petition with respect to the permission for alteration of the current state, such as construction of a new sperm without restoring the hanok, to the viewing history cultural heritage of the Seoul Metropolitan Government, the Cultural Heritage Administration, the Mapo-gu Office, the Mapo-gu Seoul Metropolitan Government Office, the public service center, and the Defendant E, etc.

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