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(영문) 서울북부지방법원 2018.07.26 2018나30021
건축물보상금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. 1) The defendant is the party to a housing redevelopment improvement project whose business area covers Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government Category C (hereinafter "the project of this case").

(2) The Plaintiff is the owner of Seongbuk-gu Seoul Metropolitan Government D land and buildings, E land, F land, G land and buildings (hereinafter collectively referred to as “Plaintiff’s previous land and buildings”) located within the instant project area, and is the Plaintiff’s member, who is a cooperative established to implement the project. The Plaintiff is the Plaintiff’s member.

B. Around March 2008, the Defendant selected two appraisal agencies to conduct an appraisal to formulate a management and disposal plan, and conducted a field investigation and appraisal on the previous land, buildings, etc. within the instant project zone. (2) However, as a result of the Plaintiff’s appraisal on the previous land and buildings, the appraised value of the Seoul Seongbuk-gu D building (hereinafter “instant building”) was not calculated.

C. On May 21, 2012, the Plaintiff prepared a written consent for removal and destruction of the instant building, etc. to the Defendant. (2) On June 28, 2012, the Defendant submitted a written consent for removal and destruction of the instant building, etc. to the head of Seongbuk-gu Office, setting the date of removal from the instant building from July 2, 2012 to August 31, 2012, including the instant building, on which the date of removal was set from July 2, 2012 to August 31, 2012. The ordinary building register of the instant building was revoked on May 13, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry in Gap evidence Nos. 1, 2, 3, 5, 8, 11, 15 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. An appraisal agency selected by the Defendant for the Plaintiff’s assertion.

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