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(영문) 서울서부지방법원 2018.08.30 2017가단233828
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserts that the plaintiff is entitled to pay KRW 30,000,100 as compensation for damages or unjust enrichment since the defendant voluntarily removed the housing owned by the plaintiff without any due compensation procedure, such as deposit under the expropriation of the housing owned by the plaintiff while implementing the housing redevelopment project in this case.

In regard to this, the defendant asserted that the housing owned by the plaintiff is a building that had not been destroyed at the time of the execution of the appraisal and assessment for the redevelopment project, and the plaintiff's claim is groundless.

2. Determination

A. 1) The fact of recognition is 1) The wooden flag and the roof, which was established on the ground of Mapo-gu Seoul Metropolitan Government land owned by the State, are 49.29 square meters, and the wooden flag and the roof are 9.36 square meters, and the 19.36 square meters (hereinafter “instant building”).

(2) On August 27, 2007, Mapo-gu approved and announced the execution of B-Housing Redevelopment Project implemented by the Defendant on May 27, 2007, where the registration of preservation was made in the name of D in the year 1985, the registration of ownership transfer due to inheritance was made in the name of E, the Plaintiff’s mother on April 2006, and the registration of ownership transfer was made on May 9, 2006 under the Plaintiff’s name.

At the time of the above announcement, the building of this case is naturally registered in the registry, and thus, the building of this case is included in the specification of the land or building to be expropriated or used.

3) At the time of appraisal by an appraisal corporation, the Defendant had already destroyed the instant building at the time of appraisal and assessment conducted an appraisal of the land and buildings in the business area between May and September 2007 by entrusting two appraisal and assessment corporations, such as Samil appraisal and appraisal corporations and Sejong appraisal corporations, to acquire real estate in the business district (the price base point is August 27, 2007, which is the date of authorization and announcement of the execution of redevelopment project).

However, according to each appraisal report by the above two appraisal corporations, the building of this case is examined.

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