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(영문) 서울중앙지방법원 2013.11.14 2011가합131892 (1)

손해배상(기)

Text

1. The Defendant’s KRW 189,200,000 per annum for the Plaintiff and 5% per annum for the period from January 18, 2012 to November 14, 2013.

Reasons

1. Basic facts

A. The Plaintiff is an organization consisting of the sectional owners of the above-ground commercial building 30-25, Seocho-gu, Seoul Metropolitan Government (hereinafter “instant commercial building”). The Defendant is a reconstruction association that implements a reconstruction project of the first and second apartment buildings, regardless of 30-2 and second parcels of the Seocho-gu, Seocho-gu, Seoul.

B. 1) The Defendant’s reconstruction project of the apartment of the size of 2 underground floors, 35 floors above ground, 1,119 units on the land outside 30-2 and 2, Seocho-gu, Seoul, Seocho-gu, Seoul (hereinafter “instant reconstruction project”).

In the process, there was a conflict between the sectional owners of apartment buildings and the sectional owners of commercial buildings regarding the promotion of the project. In order to implement the reconstruction, the apartment owners were the parties directly responsible for the lawsuit against the Defendant regarding the household in which the sectional ownership of apartment buildings has been exceeded to the Defendant. In order to exclude the portion of the building site of the above land from the business area, the lawsuit for partition of co-owned property as to the above apartment site and commercial building site (Seoul Central District Court 2003Gahap45156) was filed against the sectional owners of commercial buildings around 2003, and the part of the commercial building parking lot of this case (hereinafter

(2) During the above litigation process, the Seocho-gu Office actively interveneds in the process of a smooth agreement between the sectional owners of apartment buildings and the sectional owners of commercial buildings centering around the defendant, and made several agreements among them.

Among them, the main contents of the written agreement dated March 16, 2007 (hereinafter “instant agreement”) are as follows:

1. To ensure the successful progress of the reconstruction project promoted by the Defendant, the committee for the contingency reconstruction and reconstruction (hereinafter referred to as the “Emergency Countermeasure Committee”) shall comply with the following:

1. The emergency response committee will change the main-centered land owned by the defendant to the housing site.