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(영문) 대전지방법원 2017.11.15 2016가합2813
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. On November 20, 2006, the Plaintiff purchased from F Co., Ltd. the land of this case 2,293 square meters (hereinafter “instant land”). On the ground of two multi-unit houses (H Dong and I Dong), Hdong Jho-dong (hereinafter “instant building”) among two multi-unit houses (H Dong and I Dong), and completed the registration of ownership transfer on March 19, 2007.

In the instant land, although the register of the aggregate building in the above apartment house was created due to the relation that had been registered before the construction of the above apartment house was completed, the existing land register remains. Of the instant land, the ownership shares (the same shall apply to the size ratio of the section for exclusive use of the sectional building; hereinafter referred to as the “instant share”) in the Plaintiff’s name was registered as to the shares (the share in this case is equal to the size ratio of the section for exclusive use of the sectional building; hereinafter referred to as the “share

B. On November 6, 2009, the head of Daejeon Sung-gu Daejeon District Office designated and announced 229,371m2 as E urban development zones, including the instant land.

C. Defendant E Urban Development Association (hereinafter “Defendant Association”) is an association established for urban development by land owners in the above urban development zone, and was designated as an implementer of an urban development project within the above zone (hereinafter “instant project”). On October 22, 2010, the head of Daejeon U.S. head of the Gu authorized the implementation plan for the instant project.

The instant project was implemented by replotting for the whole urban development zone.

Around October 2010, the Defendant Union prepared a replotting plan and implemented the public perusal and public announcement of a replotting plan from October 23, 2010 to November 5, 2010. On December 20, 2010, the Defendant Union issued a disposition of designating the reserved land for replotting on December 21, 2010 with the authorization of a replotting plan from the head of Daejeon Daisung head of the Gu on December 20, 201.

The contents of the above land substitution plan shall be 1,529m2 (the area of the right to the instant share owned by the Plaintiff among them is 95.56875m2 (=1,529m2) x 1/166 of the Plaintiff’s share) and the land substitution shall be made.

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