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(영문) 인천지방법원 2019.08.27 2018가합53954
손해배상(기)
Text

1. Defendant B’s land readjustment project cooperative shall pay to the Plaintiff KRW 735,926,00 and its amount from September 7, 2017 to April 23, 2018.

Reasons

1. Basic facts

A. Party status 1) Defendant B’s land readjustment project association (hereinafter “Defendant B’s association”)

(D) 484,620 square meters (hereinafter referred to as “instant project district”) in Jung-gu, Incheon.

2) The land readjustment project (hereinafter “instant project”) of the land readjustment project

(2) The Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a contract on September 17, 2004 with the Defendant Union for the execution of the instant project on July 13, 2002.

3) The Plaintiff is a member of the Defendant Union. B. On November 9, 201, the Plaintiff is the Plaintiff’s member of the Plaintiff’s association. The Plaintiff’s registration of preservation of ownership of land secured for recompense of development outlay, among the land secured for recompense of development outlay in the instant project district, constituted “instant land” by adding up the said land to 321.9 square meters of the G (former lot number H) site, which is the same as 282 square meters of land B

(C) Each registration of ownership preservation has been completed against the Plaintiff, etc. of the I Co., Ltd., Ltd., I (hereinafter “I”).

(3) On March 21, 2012, the Plaintiff filed a lawsuit claiming ownership transfer registration on the ground of the restoration of real name (hereinafter “instant lawsuit”) with the Plaintiff et al. by asserting that the Plaintiff et al. acquired the land allotted by the authorities in recompense for development outlay, including the instant land, from the Incheon District Court Decision 2012Ga4721.

(1) The court below's decision was affirmed on October 8, 2013. The court below's decision became final and conclusive on September 7, 2017. The defendant association's assertion of confession (the defendant association did not submit a written response, and the representative present at the third date for pleading and made a statement on the fact that a considerable loss was inflicted on the land allotted by the authorities in recompense for development outlay, so it shall be deemed that the confession was made pursuant to the main sentence of Article 150 (1) of the Civil Procedure Act. The defendant C: the defendant's statement in the evidence No. 5-1 to 3, and No. 6-1 to 3, and No. 5-2, and the purport of the whole pleadings

2. The Plaintiff’s claim against the Defendant Cooperative agreed to purchase the instant land from the Defendant Cooperative.

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