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(영문) 서울서부지방법원 2019.04.25 2018가합37758
손해배상(기)
Text

1. The Plaintiff:

A. As from October 12, 2018, Defendant B’s KRW 2,810,000 and its related thereto:

B. Defendant C shall be KRW 4,486,101 and also

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established for the purpose of implementing the housing reconstruction improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Plaintiff obtained authorization from the head of Mapo-gu on May 27, 2003 to establish an association by changing the project implementation district into the total area of 65,148 square meters in Mapo-gu, Seoul (hereinafter “instant project implementation district”) on June 26, 2012, and obtained authorization for the establishment of an association. On June 3, 2016, the Plaintiff obtained authorization for the management and disposal plan from the head of Mapo-gu Office, and the said management and disposal plan was publicly notified as the public notification of Mapo-gu Seoul Metropolitan Government on June 9, 2016.

(hereinafter referred to as “public notice of the management and disposal plan of this case”).

Defendant B occupied and used the real estate listed in the list (attached Form 1) within the project implementation district of the instant case (hereinafter “instant real estate”) from June 9, 2016, which was the date of the public notice of the approval for the management and disposal plan of the instant case, by October 11, 2018, the Seoul Western District Court 2016Da225301, which was the date of the public notice of the approval for the management and disposal plan of the instant real estate.

The amount equivalent to the rent for the first real estate in this case is KRW 100,000 per month.

Defendant C occupied and used the real estate listed in the list (attached Form 2) within the project implementation district of the instant case (hereinafter “instant 2 real estate”) from June 9, 2016 to October 18, 2018, which was the date of the public notice of the approval for the management and disposal plan of the instant real estate, by the Seoul Western District Court 2016Da226151, which was the date of the public notice of the approval for the management and disposal plan of the instant real estate without any special agreement with the Plaintiff.

The amount equivalent to the rent for the second real estate of this case is KRW 158,33 per month.

E. Defendant D is the real estate located within the project implementation district of this case (attached Form 3) (hereinafter referred to as “third real estate of this case”) and the total real estate of this case Nos. 1, 2, and 3 is each of the instant cases.

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