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(영문) 서울서부지방법원 2020.10.15 2017나32163
손해배상(기)
Text

Of the judgment of the court of first instance, the part against the plaintiffs who are ordered to pay below shall be revoked.

The defendant.

Reasons

1. With respect to this part of the basic facts, the court’s reasoning for this Court’s explanation is as follows: “The amount of compensation for expropriation of real estate No. 1 in this case is KRW 929,132,300; KRW 567,200,660, the amount of compensation for expropriation of real estate No. 2 in this case is KRW 929,132,300; KRW 520,024,750; KRW 47,175,910; and KRW 3rd, the amount of compensation for expropriation of real estate No. 1 in this case is modified to “The amount of compensation for expropriation of real estate No. 2 in this case to Plaintiff A”.

Paragraph 1 or 2 shall be deleted, and except for the modification to the fact that there is no dispute (based on recognition), Gap's 1 through 6, 11 through 13, 16, and Eul's 1 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings, the corresponding part of the judgment of the court of first instance is the same as that of the reasons for the judgment of the court of first instance, and it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Determination as to the plaintiffs' claims

A. The Defendant alleged by the Plaintiffs did not follow the procedures for adjudication on expropriation for the payment of liquidation money until February 14, 2013, which was within 150 days from September 18, 2012, when the obligation to pay liquidation money occurred, and the settlement money is not paid at all, and the confinement was commenced on September 11, 2015 upon filing an application for adjudication on May 11, 2015. However, the Defendant is obliged to pay damages for delay calculated at the rate of 5% per annum for the compensation for delay from February 15, 2013 to September 11, 2015.

B. Determination 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

Article 47 provides that a project implementer shall liquidate land, buildings or other rights within 150 days when the owner of land, etc. fails to apply for parcelling-out within the period of application for parcelling-out or has withdrawn within the period of application for parcelling-out after filing an application for parcelling-out, but is excluded from the object of parcelling-out under an approved management and disposal plan.

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