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(영문) 서울중앙지방법원 2019.08.13 2017가단5197847
손해배상 청구
Text

1. The defendant,

A. From November 14, 2017 to August 13, 2019, Plaintiff A Co., Ltd. 2,826,345 won and its related amount.

Reasons

1. Facts of recognition;

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is an implementer who carries out the “E business” (hereinafter “instant business”) for the area (area 954,979 square meters) of Guang-si D (area 954,979 square meters) and the Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) is a person who entered into a security trust agreement with the Plaintiff with respect to the instant business.

B. The Defendant owned each building listed in [Attachment 2 and 3] list of the land listed in [Attachment 1] List 1 (hereinafter “F land”) located within the instant project zone, as well as 379/1,643 shares, and each land listed in [Attachment 2 and 3].

C. The Plaintiff (A), who is the co-owner of the Defendant and F land, had a consultation on the compensation, etc. for the G, H and each of the above lands and buildings. On December 24, 2015, the Plaintiff completed the registration of transfer of ownership based on the trust on March 23, 2016, with respect to each of the lands listed in [Attachment 1] Nos. 3 and 10 of the attached Table 1 owned by the Defendant, on the ground of a consultation on the acquisition of the public land among the F land on October 28, 2015.

Plaintiff

A among F land, the Defendant’s share (379/1,643) and H’s share (736/1,643) and each land, building, etc. listed in attached Tables 2, 4 through 9, 11 through 18, 2, and 3 listed in attached Tables 1 and 1, and the Gyeonggi-do Regional Land Tribunal filed an application for adjudication of expropriation with the competent local Land Tribunal. On April 25, 2016, the Gyeonggi-do Regional Land Tribunal made an application for adjudication of expropriation with respect to each of the above real estate, etc. at KRW 7,939,03,640, totaling the Defendant’s compensation for losses, and at the beginning date of expropriation as of June 9, 2016 (hereinafter “instant adjudication of expropriation”).

E. On June 8, 2016, Plaintiff A paid compensation for losses to the Defendant under the instant expropriation ruling, and the remainder of each of the above real estate, the ownership of which was acquired, excluding buildings listed in the attached Table 3, which are unauthorized buildings.

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