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(영문) 서울동부지방법원 2016.07.19 2015가단12346

손해배상

Text

1. The plaintiff's claims against the defendants are all 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 from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 to implement a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, Seoul, and six parcels pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and obtained authorization from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003. A project implementation authorization was granted from the head of Songpa-gu pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; a project implementation authorization was granted on December 26, 2013; and the head of Songpa-gu publicly notified an administrative disposition plan under Article 49(3) of the said Act on January 29, 2015.

B. The Defendants are owners who completed the registration of ownership transfer with respect to each real estate listed in the separate sheet of real estate (hereinafter “each of the 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 Defendants were 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. However

As a result of the delay in the instant business, the Plaintiff suffered damages from the financial institution that entered into the business agreement from March 31, 2015, which bears the liability of KRW 7.866 billion, totaling the interest on moving expenses and the interest on business funds, to the financial institution that entered into the business agreement, and thus, the Defendants are liable to compensate for the damages incurred by the Plaintiff due to their tort or nonperformance.