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(영문) 대구지방법원안동지원 2019.01.31 2018가합81

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) C Land Partitioning Association (hereinafter “instant association”)

(A) On December 29, 1997, the land readjustment project C for permanent urban planning (hereinafter “instant project”) in which a permanent urban planning district is created with respect to a piece of land of 895,847 square meters in a permanent resident city with respect to a piece of land of 45,847 square meters

(2) The Defendant served as the head of the instant association from September 3, 2003 to December 31, 2010.

B. Provisional attachment and principal case judgment 1) E Co., Ltd. (hereinafter “E”)

The Daegu District Court Decision 2003Kahap74 dated July 24, 2003 (hereinafter “instant land secured for recompense of development outlay”) shall each of the land secured for recompense of development outlay indicated in the attached Form (hereinafter “instant land secured for recompense of development”) with the right to claim damages against the instant association as the right to be preserved.

2) As to the provisional seizure of real estate (hereinafter “instant provisional seizure”)

(2) E received the judgment of June 23, 2006 that “The Defendant shall pay to the Plaintiff 64,335,000 won per annum from January 28, 2003 to June 23, 2006, and 20% per annum from the next day to the day of full payment” was issued by the first instance court, which stated that “The Defendant shall pay to the Plaintiff 64,35,000 won per annum and 65% per annum from the next day to the day of full payment.”

Therefore, while the instant union appealed by the Daegu High Court 2006Na6110, the appellate court rendered a judgment dismissing the appeal (hereinafter “instant judgment”) on August 28, 2008, and the said judgment became final and conclusive around that time.

C. On November 17, 2005, the obligor of the disposition of the land allotted by the authorities in recompense for development recompense as indicated in [Attachment 4 and 5] among the land allotted by the obligor for development recompense of development recompense as indicated in [Attachment 4] and [5] of the instant land allotted by the authorities in recompense for development recompense as indicated in [Attachment 4 and 5] among the land allotted by the authorities in recompense for development recompense of development recompense as indicated in [Attachment 4 and 5] entered into a real estate disposal trust contract with the F

F shall be G Co., Ltd. the land allotted by the authorities in recompense of development outlay.