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(영문) 서울서부지방법원 2014.12.12 2014나31169

매매대금반환

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Defendant B and C, added by the Plaintiff at the trial.

Reasons

1. Basic facts

A. (1) The Seoul Special Metropolitan City Urban Development Corporation (hereinafter “EN”) changed its name to “EN Corporation”, such as relocation measures for E urban development projects, to implement E urban development projects from Seoul I and J Japan around 2002.

(2) According to the criteria for the relocation measures announced by the E.S. in around 2004, following the period prior to the date of the relocation measures (the date of November 20, 2002 relocation measures), the E.S. government grants permission, registration, reporting, and business registration under the relevant laws and regulations within the business area, and receives business compensation by continuously running the business until the date of conclusion of the consultation and receives compensation for business loss, and a voluntary operator or a person who has conducted a lease business after consultation with and voluntarily relocated to the person who has consulted with and relocated voluntarily.

(3) Around 2010, E.S. published a plan to supply K District quasi-residential land (living countermeasure) as part of the above relocation measures, and the content is as follows.

- The shares of each individual shall be supplied 16.5 square meters, and the method of supply shall be autonomously organized by the members of the partnership, supplied to the partnership (in the case of individual supply to the members of the living countermeasure), - The head of the partnership, the officers and members of the partnership shall be quasi-residential persons among the members of the living countermeasure; - Persons selected as those selected as those subject to the living countermeasure shall be entitled to purchase and enter into a contract with the necessary documents prepared by the representatives elected in the non-corporate association, subject to the establishment of

B. Defendant D had been running a general restaurant business in the name of “Lp” from before the date of the above relocation measure, with the business registration within the K zone from before the date of the above relocation measure.

(2) Defendant D may purchase a commercial building site or sell a commercial building site within the business area by receiving a compensation for business loss in accordance with the above relocation measures.