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(영문) 서울북부지방법원 2020.07.16 2019가합22665
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 26,980,594 and its related thereto from November 5, 2019:

B. Defendant C shall be KRW 1,636,923 and also

Reasons

1. Facts of recognition;

A. On September 4, 2008, the Plaintiff was established to implement a housing redevelopment project (hereinafter “instant redevelopment project”) in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. The Defendants are real estate owners located within the instant redevelopment project area, who occupied and used the following real estate:

Any real estate listed in attached Form 4 E 4 of the real estate listed in attached Form 2 C 2C of the real estate occupied and used by the defendant 1B as listed in the attached Table 2C of the real estate in attached Table 3D

B. On September 29, 2017, the Plaintiff obtained approval from the head of Dongdaemun-gu Seoul Metropolitan Government on the management and disposal plan for the instant redevelopment project, which was publicly notified as G public notification of Dongdaemun-gu Seoul Metropolitan Government on October 12, 2017.

C. Upon the Plaintiff’s application for adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication of expropriation on November 23, 2018 on the commencement date of expropriation as of January 11, 2019 with respect to the real estate listed in the separate sheet No. 2 attached hereto owned by Defendant C, the real estate listed in the separate sheet No. 3 attached hereto owned by Defendant D, and the real estate listed in the separate sheet No. 4 attached hereto owned by Defendant E, on December 22, 2017, the commencement date of expropriation as of February 9, 2018; and on each business right of Defendant C, D, and E on April 12, 2019, the commencement date of expropriation as of April 12, 2019; the Plaintiff deposited each of the above real estate No. 2 with Defendant B on January 8, 2019 and January 9, 2019; and each of the above real estate No. 3755, Mar. 26, 2018>

After the date of each deposit above, the period of possession and use of each of the above real estate by the Defendants and the amount equivalent to the rent for the said period shall be as follows:

The amount equivalent to the rent during the occupation period from January 9, 2019 to November 4, 2019, 26, 980, 594 2C from March 26, 2019 to August 21, 2019, 1,636, 923D 3D 26, 2019 to October 15, 2019, 26,890, 564 E 4 E from March 26, 2019 to November 4, 2019.

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