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(영문) 서울서부지방법원 2016.11.17 2015가합34314

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the basic facts may be acknowledged either in dispute between the parties or in full view of Gap evidence Nos. 1 and 2 (including the branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 5, and the court's fact inquiry results with respect to Suwon City, as a whole, the whole purport of the arguments.

1) From August 1997, the Plaintiff had operated a driving school in the area of 11,282 square meters in Suwon-si, Suwon-si, Suwon-si. 2) On December 18, 2006, the Suwon-si, which included the said land owned by the Plaintiff, designated the 987,493 square meters in the area of Suwon-si, Suwon-si, which is located in the Plaintiff, as the business area of D Urban Development (hereinafter “instant urban development project”) pursuant to the former Urban Development Act (amended by Act No. 9862, Dec. 29, 2009; hereinafter “Urban Development Act”).

B. 1) On the other hand, the above urban development project of this case began in accordance with the defendant's proposal, and the defendant was submitted prior to the proposal on February 15, 2006 with the consent letter for the urban development project of this case from the plaintiff, and the plaintiff is obligated to provide the following contents (hereinafter "certificate of this case").

2) The Defendant, on September 28, 2006, proposed an urban development project in this case, submitted a letter of commitment to “the designation of an urban development zone,” which includes the total land use plan of several sources, to Hyundai Industrial Development (State) as an implementer of an urban development project or an implementer of an urban development project, with the promise to use the letter of commitment restricted to the use necessary for an urban development project under the Urban Development Act, and to fulfill all responsibility for any loss or disadvantage in the thickness in the event of any loss of property or disadvantage in the thickness due to the use other than the purpose of an urban development project under the Urban Development Act. The Defendant submitted a letter of commitment to the designation of an urban development zone, which includes the total land use plan of several sources, to the mayor. The letter of commitment is 9,450 square meters or more.

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