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(영문) 서울서부지방법원 2018.05.24 2017가합39740
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On June 29, 2015, each land listed in the separate sheet (hereinafter collectively referred to as "each land of this case", and each specific land shall be specified with the index in case of individual reference) was divided into C and D land after division, and E and F land before division was divided into E and F land after division.

“C and E land” recorded in the attached list by the Plaintiff appears to mean “C and E land before division.”

On December 31, 2015, the Defendant purchased 36 parcels and claims from the Korea Railroad Corporation, including G, H, I, J, K, K, L, M, N and D and F land, and D and F land in Yongsan-gu Seoul Metropolitan Government.

(hereinafter “instant purchase and sale”). On March 9, 2017, the Mayor of Yongsan-gu Seoul Metropolitan Government published a public notice of the approval of the plan for the district of supply promotion districts and the determination of the urban management plan regarding the project for the development of Q supply promotion district (hereinafter “instant project”). On August 17, 2017, the Mayor of Yongsan-gu Seoul Metropolitan Government published a public notice of the Seoul Special Metropolitan City public notice of the change in the project area from the Korea Trust Co., Ltd. to the Defendant and the Hocom Construction Co., Ltd. on November 23, 2017.

[Based on the recognition] The facts without dispute, Eul evidence Nos. 1 and 3 (including the provisional number; hereinafter the same shall apply), the summary of the plaintiff's assertion as to the whole purport of the pleadings, U.S. (Death of April 1, 2003) constructed the building without permission of 15 units on each of the land of this case (hereinafter collectively referred to as "each of the buildings of this case") around 1958 and 1962, and the plaintiff purchased each of the buildings of this case from V who succeeded to U.S. on August 10, 204.

On the other hand, the Plaintiff returned the lease deposit of KRW 4.1 billion in total on behalf of V to the tenants of each building of this case (including approximately 110 households), and paid the purchase price of KRW 2.4 billion to V.

However, the Defendant, as the owner of each building of this case, shall acquire land, etc. for public works and compensate therefor.

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