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(영문) 서울고등법원 2019.06.13 2018나2056986
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, except for partial revision as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil

ARTICLE 1-2

"31,172.47m2" in the paragraph shall be construed as "31,172.37m2", and Article 2-2(b) shall be added.

In addition to the following contents, each of the instant lands was expropriated upon the implementation of the instant I Project according to the owner’s active demand, and thereafter, solely on the ground that the instant redevelopment project was implemented in Seongbuk-gu Seoul, Seoul, which included each of the instant lands, the Plaintiffs’ assertion of the right to repurchase on each of the instant lands was derived from the purpose of seeking double benefit through each of the instant lands, and thus, cannot be allowed contrary to the good faith principle.

Note 2.3.3.0

In light of the above legal principles as to whether the right to repurchase of each of the instant lands has occurred, the following circumstances are acknowledged as follows: (a) the instant I project on each of the instant lands was conducted according to the urban planning project that the Defendant plans to create each of the instant lands as a children park, etc.; (b) the housing redevelopment improvement project was conducted in accordance with the Seoul Seongbuk-gu Seoul Metropolitan Government 31,172.37 square meters for each of the instant lands; and (c) the children’s parks, etc. developed according to the I project on each of the instant lands were maintained according to the land use plan of the instant housing redevelopment project; and (d) the children’s parks, etc. developed pursuant to the I project on each of the instant lands were maintained according to the land use plan of the instant housing redevelopment project.

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