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(영문) 서울동부지방법원 2015.10.29 2015가단109134

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization to establish a housing reconstruction project on June 12, 2003 from the head of Songpa-gu Seoul Metropolitan Government for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on the ground of 405,782.40 square meters of land outside Songpa-gu, Songpa-gu, Seoul, and six parcels pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and around April 2008, the Plaintiff obtained authorization to implement the project from the head of Songpa-gu pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; the authorization to implement the project on December 26, 2013; and the head of Songpa-gu publicly notified the management and disposal plan under Article 49(3) of the Act on January 29, 2015.

B. Defendant B is the owner who completed the registration of ownership transfer as to No. 134 Dong-dong No. 502 (hereinafter “134 Dong-dong No. 502”) that belongs to the instant project site on October 19, 198. Defendant C is the owner who completed the registration of ownership transfer as to the above A apartment No. 9 Dong No. 105 (hereinafter “9 Dong-dong No. 105”) on April 14, 1999. Defendant D is the owner who completed the registration of ownership transfer as to the above A apartment No. 121 Dong No. 509 (hereinafter “121 Dong No. 509”) on June 26, 2006.

In this chapter, each apartment house is referred to as "each apartment of this case" in addition to three apartment bonds.

(C) On July 24, 2012, the Plaintiff entered into an agreement with a national bank, a stock company, a Korea Exchange Bank, the Nonghyup Bank, the Nonghyup Bank, a stock company, the Korean Bank, and the Korean New Bank on the financial business (Evidence A-1) of the instant collective housing financing (Relocation Expenses) loan agreement, and agreed that the said bank will implement the said loan to the Plaintiff on the basis that the total amount of the loan is KRW 2.10 billion (determined on the part of the Plaintiff) within and outside of Korea (determined on the part of the Plaintiff).

2 The Plaintiff’s business between the National Bank of Korea, Samsung C&T Co., Ltd. and the instant company on the date of the 2012.