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(영문) 창원지방법원마산지원 2017.10.18 2016가합101211
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the authorization of establishment from the Changwon City Mayor on October 22, 2007 to implement a housing reconstruction project with D major project zones in Changwon-si, Changwon-si. The Defendants are the owners of buildings located in the said project zone; Defendant B is the owners of each building listed in the separate sheet No. 1; and Defendant C is the owners of each building listed in the separate sheet No. 2.

(hereinafter referred to as "each building of this case" in the attached list)

The plaintiff was authorized to implement the project on June 27, 2014 from the original market, and was authorized to implement the project on June 19, 2015, and the management and disposal plan was publicly notified as E in Changwon-si on the same day.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Defendants asserted the Plaintiff’s assertion refused to deliver each of the buildings of this case as the members who completed the application for parcelling-out, despite their duty to cooperate with the Plaintiff’s business. As the Plaintiff’s business delayed due to the delay in the procedure of resettlement, the Plaintiff suffered damages equivalent to the profits from the use of each of the buildings of this case, and thus, the Defendants are obliged to pay the Plaintiff the amount stated in the purport of the claim as compensation for damages due

B. In light of the determination, the owner of the real estate who has been illegally occupied can seek compensation for damages equivalent to the rent or return of unjust enrichment from the illegal possessor. However, even if the illegal possession did not occur, the owner of the real estate may not claim compensation for damages or return of unjust enrichment if there are special circumstances where there is no possibility of incurring any profit equivalent to the rent or other income.

Supreme Court Decision 200

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