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(영문) 전주지방법원 2015.09.16 2014구합3485

동부시장 시장정비구역 지정해제거부취소 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 21, 1997, the Administrator of the Small and Medium Business Administration: (a) on the special measures for supporting the structural improvement and management safety of small and medium enterprises (repealed by Article 3 of the Addenda to the Act on the Special Measures for the Structural Improvement of Small and Medium Enterprises (Act No. 6639, Jan. 26, 2002) and Article 6(1) of the former Act on the Special Measures for Supporting the Structural Improvement and Management Safety of Small and Medium Enterprises; and (b) on the Article 5 of the Enforcement Decree of the same Act, the Administrator of the Small and Medium Business Administration selected as the project zone for the market reconstruction.

B. A reconstruction association (hereinafter “association”) on July 31, 1997: (a) on December 31, 1997, the number of its members was 222, and reported the establishment of the reconstruction association; (b) on December 27, 2002, the Plaintiff and the Si event were to be the comprehensive development of Newia Co., Ltd., Ltd.; and (c) on September 26, 2003, the Si construction was contracted with the Plaintiff as the Plaintiff; and (d) on the land of this case, construction permission was granted from the following market.

C. At the time of the said contract, the Plaintiff loaned KRW 2.5 billion to the Mutual Aid Bank, a loan from the Mutual Aid Bank for the purpose of carrying out the reconstruction construction of the instant case (hereinafter “SP”) under the name of relocation expenses (temporary market installation expenses). The Mutual Aid Association provided the instant site as security, and as to the instant site, the Jeonju District Court No. 2316 of Jan. 16, 2003 received on January 16, 2003, No. 3250,00 won (the Plaintiff, the mortgagee, the Mutual Aid Bank, the maximum debt amount) was registered.

After all, on November 15, 2005, the registration of collateral security was made under F's name on the ground of the subrogation for the establishment of a mortgage (Seoul District Court Decision 58191, Nov. 16, 2005), and the name of G Co., Ltd. (hereinafter "G") on the ground of the transfer of confirmed credit on January 4, 2006.