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(영문) 서울서부지방법원 2018.05.24 2017가합445
손해배상(기)
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant E among the instant lawsuit becomes final and conclusive on November 15, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a rearrangement project association established to implement a housing redevelopment project in Eunpyeong-gu Seoul Metropolitan Government H Group 36,242.8 square meters.

The Defendants owned each real estate listed in the separate sheet in the said project implementation district (hereinafter “each real estate of this case”).

B. The Plaintiff filed an application for parcelling-out with the members through notification and public announcement procedures, such as the application period for parcelling-out under Article 46(1) of the Urban Improvement Act after obtaining authorization from the head of Eunpyeong-gu Seoul Metropolitan Government on June 22, 2010, project implementation authorization on April 9, 2015, and approval of a management and disposal plan on February 25, 2016, respectively, and the Defendants did not file an application for parcelling-out during the above period.

C. On December 16, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation with respect to each of the instant real estate and its ground buildings, and the Plaintiff deposited all of the compensation for expropriation in a written ruling against the Defendants on December 14, 2016.

Defendant B’s association delivered each of the instant real estate to each Plaintiff on July 19, 2017; Defendant C on July 6, 2017; Defendant D on July 14, 2017; Defendant E on July 26, 2017; Defendant F on May 26, 2017; Defendant G on May 26, 2017; and Defendant G on May 26, 2017.

E. On March 13, 2017, the Plaintiff filed the instant lawsuit against the Defendants, and this Court rendered a compulsory adjustment order with the purport that the Plaintiff and the Defendant E shall pay KRW 1,380,000 to the Plaintiff by October 24, 2017: Provided, That if Defendant E does not pay it, the Plaintiff shall pay the Plaintiff KRW 1,50,000 in addition to the amount calculated at the rate of 15% per annum from the following day to the date of complete payment.

The above compulsory adjustment decision reached the Plaintiff on October 30, 2017, and reached the Defendant E on October 31, 2017, respectively, and the Plaintiff and Defendant E did not object to the above decision.

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 through 5 (including virtual numbers), and the purport of the whole pleadings is defendant D.

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