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(영문) 서울동부지방법원 2015.12.18 2015가단12162

손해배상

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

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 (hereinafter “instant project”) on June 12, 2003 from the head of Songpa-gu Seoul Metropolitan Government pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and obtained authorization for the implementation of a project on December 26, 2013 from the head of Songpa-gu pursuant to Articles 48 and 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of Songpa-gu publicly notified the instant management and disposal plan pursuant to Article 49(3) of the Act on January 29, 2015.

B. The Defendants are the owners of each of the corresponding column real estate listed in the separate sheet of real estate contained in the instant project site (hereinafter referred to as “each of the instant real estate”), and are the Plaintiff’s members.

C. According to the Plaintiff’s articles of incorporation, “members shall leave the relevant house within the resettlement period determined and notified by the Plaintiff (Article 32(4)), and members of the association shall be liable to compensate for all damages incurred therefrom and shall not raise an objection to the Plaintiff (Article 32(5)).”

On June 18, 2014, the Plaintiff announced that the period from July 7, 2014 to August 8, 2014 should be set to move to commercial partners. The Defendants, even though they were commercial partners, did not withdraw from each of the instant real estate during the period of relocation.

On the other hand, the plaintiff filed a lawsuit against the defendants for the delivery of each of the above real estate.