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(영문) 서울동부지방법원 2016.07.19 2015가단12438

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 for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) with respect to 150 units of buildings with 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, Seoul and six lots pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On April 208, the Plaintiff was granted authorization for the implementation of the project from the head of Songpa-gu under Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; the authorization for the implementation of the project on December 26, 2013; and the head of Songpa-gu publicly notified the management and disposal plan under Article 49(3) of the said Act on January 29, 2015.

B. The Defendant is the owner who completed the registration of ownership transfer with respect to the real estate listed in the attached Table List of Real Estate (hereinafter “instant real estate”) that belongs to the instant project site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Since the management and disposal plan was publicly announced on January 29, 2015 regarding the Plaintiff’s alleged business, the Defendant was not able to use or profit from the instant real estate after January 29, 2015, at least pursuant to Article 49(6) of the Act on Urban Improvement or the Plaintiff’s articles of incorporation, which is the date of the public notice of the management and disposal plan, and the Plaintiff was not immediately handed over the instant real estate to the Plaintiff,

The Plaintiff is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to tort or nonperformance, on the ground that the Plaintiff suffered damages incurred by the Plaintiff, in addition to the interest on moving expenses and the interest on business funds, from a financial institution that entered into an agreement on business to March 31, 2015 after the notice of the management and disposal plan was made.

Therefore, the Plaintiff is partly dismissed.