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(영문) 서울동부지방법원 2016.08.09 2015가단109080

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization for the establishment of a housing reconstruction project on June 12, 2003 from the head of Songpa-gu Seoul Metropolitan Government for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on the land of 405,782.40 square meters outside Songpa-gu, Songpa-gu, Seoul and six parcels pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and around April 2008, the Plaintiff obtained authorization for the implementation of the project from the head of Songpa-gu pursuant to Article 28 of the Urban Improvement Act; the authorization for the implementation of the project on December 26, 2013; and the authorization for the implementation of the project pursuant to Articles 48 and 49(2) of the Urban Improvement Act on January 27, 2015.

B. As to Article 82, 308, 82, and 308 (hereinafter “instant apartment site”) of Songpa-gu, Seoul E-1 (hereinafter “instant site”), Defendant C, as to the instant apartment site No. 124, 105 (hereinafter “instant apartment site No. 105”), and Defendant D, as to the instant apartment site No. 127, 105, 105 (hereinafter “instant apartment site”), respectively, is the owners who completed the registration of ownership transfer.

C. The Plaintiff, upon setting a period from May 2, 2008 to June 27, 2008, issued a public announcement for parcelling-out to its members, and thereafter, received the application for parcelling-out by setting a period from March 10, 2014 to April 30, 2014. The Defendants became a cash liquidation agent on May 1, 2014, as the Defendants did not file the application for parcelling-out until the expiration of the period for application for parcelling-out.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 10 (including virtual number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. As the head of Songpa-gu Office for the Plaintiff’s assertion authorized and publicly announced a management and disposal plan on January 27, 2015 and January 29, 2015, the Defendants were up to the date of the public announcement of the management and disposal plan pursuant to Article 49(6) of the Act.