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(영문) 서울중앙지방법원 2014.10.29 2013가단62535
손해배상(건축물)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a partnership established to carry on a housing redevelopment project in Jung-gu Seoul, Jung-gu, Seoul, and the plaintiff is a partner of the defendant who owns the land and buildings below the above housing redevelopment project zone.

Land: D Building in Jung-gu Seoul Metropolitan Government (hereinafter referred to as “instant land”): D (hereinafter referred to as “instant building”)

(b) The current status of the building of this case recorded in the general building ledger shall be as follows:

(A) A total floor area is 178.82m2). A reinforced concrete housing of 39.34m2m2 with one-story reinforced concrete living facilities of 60.8m2,000m2,000,000,000 square meters for a 39.34m2.

C. The Defendant calculated the price of the previous land or structure subject to parcelling-out on an average of the values appraised by more than two appraisal business entities as of the date of public announcement of project implementation authorization, and established a management and disposal plan on the basis thereof, and authorized on June 17, 2008.

According to the management and disposition plan, the appraised value of the instant land is KRW 279,697,50, and the appraised value of the instant building is KRW 95,012,50,000, which is calculated based on the current status of land cadastre and general building register.

The instant building was demolished on May 11, 2009.

E. Meanwhile, as a result of the reading of aerial photographys who taken the ground of the instant land around around 1987, the area from 1 to 3 floors of the instant land was 69.3 square meters, respectively, and there was a separate rooftop of 6.4 square meters on that day.

F. In light of the photographs (No. 6) taken around around 2007, there is a rooftop on the third floor of the instant building.

[Reasons for Recognition] A without dispute, Gap evidence 1 to 7, Gap evidence 12, Eul evidence 2, Eul evidence 8 and 9, the result of the airline expert appraisal commission to Eul, the purport of the whole pleadings

2. Unlike the Plaintiff’s entry in the Plaintiff’s general building register, the actual area of the instant building is 69.3 square meters for each of 1 to 3 floors, and 6.4 square meters for each of 6.4 square meters.

However, the defendant.

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