beta
(영문) 서울동부지방법원 2016.07.12 2015가단12520

손해배상

Text

1. The plaintiff's claim is 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 to implement 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 Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). A project implementation authorization was granted on December 26, 2013, and the project implementation authorization was obtained on January 27, 2015, 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 29, 2015.

B. The Defendant owns Nos. 24 and 25 of the Ma-dong, Ma-dong, and 25 stated in the attached list in the business site.

C. According to the Plaintiff’s articles of incorporation, a union member shall leave the relevant house within the resettlement period determined and notified by the Plaintiff (Article 32(4)); and a union member shall be liable to compensate all damages incurred therefrom if the union member or tenant fails to leave the relevant house, thereby hindering the implementation of the project, such as removal of the existing house, and shall not raise an objection to the Plaintiff.

(Article 32, paragraph 5). (d)

On June 18, 2014, the Plaintiff publicly announced that from July 7, 2014, to August 8, 2014, the period of relocation was set and the Plaintiff requested the members of commercial buildings to move.

E. (1) On July 24, 2012, the Plaintiff entered into an agreement on the financial business of the instant collective housing loan (transfer expenses) with a national bank, Korea Exchange Bank, Nonghyup Bank, Inc., Ltd., Ltd., Korea Bank, Korea Bank, Korea Bank, and Korea Bank, respectively. The Plaintiff’s total amount of loans is KRW 2 trillion 100 billion (each bank’s lending ratio is determined by the Plaintiff).