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(영문) 서울고등법원 2015.09.24 2015나2001831
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against Plaintiff B, C, and D corresponding to the amount ordered to be paid additionally below.

Reasons

1. Basic facts

A. 1) The Defendant acquired the land based on an urban planning project pursuant to the former Urban Redevelopment Act (wholly amended by Act No. 5109, Jan. 1, 1996) on October 25, 1995, pursuant to Article 315/1,550 of the Gangseo-gu Seoul Metropolitan Government E-ro 449С owned by Plaintiff A (hereinafter “instant land 1”).

(B) Gangseo-gu Seoul Metropolitan Government Government, the Plaintiff B, and C, are the 774 square meters of land (the Plaintiff B is the 3/4 shares, and C is the 1/4 share holder.

hereinafter referred to as “the second land of this case”

) The Plaintiff and Gangseo-gu Seoul Metropolitan Government (hereinafter “instant third land”) are 629 square meters, which are Plaintiff D’s ownership, and “each of the instant land” together with each of the said lands.

(B) The Seoul Gangseo-gu Seoul Metropolitan Government 109 square meters of land located in Gangseo-gu (hereinafter “Seoul Metropolitan Government 109 square meters of land”) determined an urban planning to install a forest belt, and the urban planning project (hereinafter “instant project”) around December 1999.

(2) The Defendant completed the registration of ownership transfer on each of the instant land in order to acquire the instant land subject to the project as indicated in the following table, and paid compensation to the Plaintiffs, respectively.

Plaintiff

On March 13, 200, the amount of compensation received for the registration of the cause of the registration of the land A, which was the date of the registration of the land A, received on March 13, 200 on March 10, 200, the Seoul Southern Southern District Court (Seoul Southern District Court Decision 17577,005,790 won received on March 6, 2000, No. 16240, 165,442,500 won received on March 3, 200, received on March 20, 200, the Seoul Southern District Court (Seoul District Court Decision 16240,57,500 won received on March 3, 200, received on March 16, 200, the Seoul Southern District Court (Seoul District Court Decision 16240,55,147,500 won of the land of this case), and the Seoul Southern District Court (Seoul Southern District Court) received on May 20, 2005, 2005.7

B. After the closure and repurchase announcement 1) of the instant project, the Defendant decided to waive the project implementation of the instant project, and the Defendant is a representative including each of the instant land in accordance with the former Urban Development Act (amended by Act No. 8338, Apr. 7, 2008) on December 28, 2007.

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