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(영문) 서울고등법원 2010.11.02 2010나27894

손해배상(기)

Text

1. Each of the plaintiffs' appeals is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 1, 191, the Plaintiff Choyang-si Co., Ltd. (hereinafter “Plaintiff Choyang-si”) obtained the approval of the housing construction project plan that newly constructs the apartment houses with 48 households on the ground from the Namyang-si mayor of Namyang-si, Nam-gu, Namyang-si, and obtained the approval of the alteration of the said project plan that constructs the apartment houses with 216 households on December 28, 1994.

B. As to the modification of the above business plan by constructing an apartment building 467 households, the Plaintiff Choyang-gu Co., Ltd. (hereinafter “Plaintiff Choyang-do”) received a prior decision on December 1997 with respect to the housing construction plan with the content that the Plaintiff Choyang-si constructed an apartment building of 490 households on the ground, such as the Namyang-si, Seoyang-si, the Namyang-si, the neighboring project site for the Plaintiff Choyang-do.

C. On June 10, 200, the Namyang-ju market announced the pre-announcement of national land utilization plan to change the quasi-agricultural and forest area into quasi-urban area so that the plaintiffs can create the apartment site in the above project site.

According to the above prior decision, the plaintiffs filed an application for the approval of the housing construction project plan (revision) in accordance with each of the above prior decision, and subsequently received a return disposition from the Namyang-ju market, and rejected all of them.

E. Meanwhile, due to auction around December 24, 2001, the plaintiffs lost their ownership in the above project site in Namyang-si, Namyang-si, Namyang-si, Busan-si, the 78-1, 79, 79-1, 79-2, and 79-2. Around August 30, 2002, the plaintiffs entered into a land redemption contract with the Namyang Savings Bank, a stock company that acquired their ownership in each of the above land:

(1) If the plaintiffs fully repay their obligations to the above savings bank 1.6 billion won, the above savings bank will sell each of the above lands to the plaintiffs 1.6 billion won.

(2) The above case where there is a person who purchased each of the above lands in excess of 3.2 billion won before the plaintiffs repay their debts.