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(영문) 서울고등법원 2017.06.29 2017나2002036

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning for the judgment in this part is that the court’s reasoning for the judgment on this part is as follows: “5,356,60 square meters” in the 2nd judgment of the court of first instance as “5,356,60 square meters”; “43,143,44 square meters” in the 13th sentence as “43,143.4 square meters”; “903,60 square meters” in the 20th sentence as “903.6 square meters”; “4,134,44 square meters” in the 3rd sentence as “43,143.4 square meters; “903,6 square meters” in the 10th sentence as “903.6 square meters; “201,23108 square meters” in the 18th sentence as “23108 square meters”; and it is identical with the pertinent part of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion and judgment

A. The Plaintiffs asserted 1) The Plaintiffs were residents living in the E Urban Environment Improvement Zone, and around 2008, the Defendant, a local government, lent KRW 255,000,000 to K of the said Promotion Committee on behalf of the landowners within the project implementation scheduled zone, and the Plaintiff B lent KRW 100,000 to the said Promotion Committee on behalf of the landowners within the project implementation scheduled zone. Nevertheless, the Defendant, a maintenance business entity, i (the representative J. hereinafter referred to as “I”).

(2) Upon the final and conclusive judgment on the purport that a serious defect in the Defendant’s approval disposition for the establishment of the instant promotion committee was null and void, the said promotion committee was suspended, and the said promotion committee was dismissed, and the designation of the project area was revoked, and the J, the representative of the I, was missing, and thus, the Plaintiffs could not recover the loan.

3) The public official in charge of the Defendant is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents before the amendment, which is related laws at the time of the first approval