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(영문) 서울동부지방법원 2015.10.29 2015가단109325

손해배상(기)

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 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 buildings on the ground of 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”), and around April 2008, the authorization for the implementation of the project 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; the authorization for the implementation of the project was obtained on December 26, 2013; and the head of Songpa-gu publicly notified the management and disposal plan under Article 49(3) of the Act on January 29, 2015.

B. Defendant B is the owner who completed the registration of ownership transfer with respect to No. 56 and No. 302 (hereinafter “No. 56 and No. 302”) of 1 parcel outside Songpa-gu Seoul, Songpa-gu, Seoul, which belongs to the instant project site. Defendant C is the owner who completed the registration of ownership transfer with respect to the above A apartment No. 59 and No. 201 (hereinafter “No. 59 and No. 201”) on April 23, 2004.

(hereinafter referred to as "each apartment of this case" refers to each apartment of this case.

1) On July 24, 2012, the Plaintiff entered into an agreement on the financial business (Evidence A-1) loan agreement with a national bank, Korea Exchange Bank, Nonghyup Bank, Inc., Ltd., Ltd., Korea Bank, Korea Bank, and Korea-Japan Bank, and agreed that the said bank will carry out the said loan to the Plaintiff on the ground that the total amount of the loan was inside and outside of KRW 2 trillion (decision by the Plaintiff at each bank). 2) The Plaintiff between the national bank, Samsung C&T company and the Plaintiff on July 24, 2012, between the Defendant and the National Bank, Inc., Ltd., and the Defendant, as of the date of 2012, the lending amount of KRW 80 billion, the lending period, the interest rate of KRW 3 years, and the water CD change interest rate of KRW 91.