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(영문) 서울동부지방법원 2016.01.12 2015가단12414

손해배상

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 9, Eul evidence 6, the purport of all pleadings);

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 to establish 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 a site of 405,782.40 square meters, Songpa-gu, Seoul and six parcels, and the head of Songpa-gu publicly announced the instant management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act on January 27, 2015.

B. Defendant B is the owner of the real estate listed in paragraph (1) of the attached list of real estate contained in the instant project site, and Defendant C is the owner of the real estate listed in paragraph (2) of the same list.

(hereinafter referred to as the “each of the instant real estates” in combination with the said real estates.

According to the articles of incorporation of the Plaintiff, a member shall move out of the relevant house within the resettlement period determined and notified by the Plaintiff (Article 32(4)), and a member shall be liable to compensate all damages incurred therefrom if the member, tenant, etc. fails to move out of the relevant house and thereby impedes the implementation of the project, such as removal of the existing house, etc., and shall not raise an objection to the Plaintiff.

(Article 32, paragraph 5). (d)

On June 18, 2014, the Plaintiff announced that the period from July 7, 2014 to August 8, 2014 should be the resettlement period to request the members of the commercial building to move, etc. The Defendants, even though they are members of the commercial building, did not move from each of the instant real estate during the resettlement period.