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(영문) 서울동부지방법원 2014.11.07 2014가단7262
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the implementer of a housing redevelopment project (hereinafter “instant housing redevelopment project”) with one of Seongdong-gu Seoul Metropolitan Government as a rearrangement project zone (hereinafter “instant rearrangement project zone”), who has obtained authorization for the establishment of the Housing Redevelopment Project on September 8, 2004 from the head of Seongdong-gu Seoul Metropolitan Government and completed the registration of its establishment on September 21, 2004.

B. The Defendant is a clan consisting of descendants of Dmph E as its members, and is an organization that owns a 1,333 square meters in Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “1”) and a G 53 square meters in size (hereinafter “2 land”) and a building listed in the separate sheet on the ground (hereinafter “instant building”) located within the instant rearrangement project zone.

C. During the process of implementing the instant housing redevelopment project, the land owned by the Defendant was determined to be converted (free exchange) into “6 site” (the part excluded from the actual redevelopment project), which is the same area (the part excluded from the actual redevelopment project). Of the instant building, the attached appraisal of the instant building is 10.17 square meters in line with each of the items indicated in Table 26, 34, 35, 27, and 26, and the same appraisal is 20 square meters in line with each of the items indicated in 27, 35, 4, 5, and 27; and the same appraisal is 2.20 square meters in line with the same appraisal; 29, 6, 31, and 29 square meters in line with each of the items indicated in the said housing redevelopment project; and the part of “private infrastructure” located outside the boundary line of the instant housing site, which is a 6m area outside the 6m area.

The Plaintiff and the Defendant continued the consultation procedure to compensate for the dispute portion of the instant case, but did not reach an agreement. Around November 2012, the Plaintiff filed an application for adjudication seeking the transfer of the dispute portion with the local Land Expropriation Committee of Seoul Special Metropolitan City. On the said application, the said local Land Expropriation Committee on March 2013.

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