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(영문) 서울서부지방법원 2015.02.13 2013가합36255
부당이득금반환 청구
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 June 26, 2008, the Plaintiff is the Housing Redevelopment Association established for the purpose of implementing the Housing Redevelopment Improvement Project in Mapo-gu Seoul Metropolitan Government K Group (hereinafter “instant project zone”) designated as the A Housing Redevelopment Improvement Zone as the Seoul Metropolitan Government Public Notice JJ on June 26, 2008.

B. Defendant B was the Plaintiff’s member of the Plaintiff as the owner of the land and the building on land (hereinafter “1 real estate”) located within the instant project zone, Mapo-gu Seoul Metropolitan City Lbu, and as the owner of the land and the building, which is located within the instant project zone, but became the subject of cash settlement by withdrawing the application for parcelling-out during the period of application for parcelling-out (from January 29, 2009 to March 9, 2009).

Defendant B was determined by the local Land Tribunal of Seoul Special Metropolitan City as the “compensation: 667,810,840 won, and the starting date of expropriation: June 15, 2012.”

C. Defendant C was an association member of the Plaintiff as the owner of the Mapo-gu Seoul Metropolitan Government M& 548 square meters, N 31 square meters, and ground buildings (hereinafter “second real estate”), which are located within the instant project zone, and the land and buildings are distinguishable, but became a person subject to cash settlement due to the failure to file an application for parcelling-out during the said period.

Defendant C was determined by the local Land Tribunal of Seoul Special Metropolitan City as “4,274,89,99,950 won for confinement, and the date of commencement of confinement: June 15, 2012” and was decided to increase the compensation amount as KRW 4,328,862,750 on February 22, 2013 by objection to the above ruling of expropriation.

On June 13, 2012, the Plaintiff deposited the original expropriation compensation in the Seoul Western District Court No. 3632, and the expropriation compensation increased by gold No. 1793 on April 3, 2013, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-2, 3, Gap evidence 4-3 and 4-4, the purport of the whole pleadings

2. The plaintiff's assertion

(a) Defendant B’s claim against Defendant B shall have the previous real estate owned from the date of commencement of expropriation until February 2, 2013.

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