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(영문) 부산고등법원 2015.10.21 2014나53295

손해배상(기)

Text

1. All appeals by the Defendants are dismissed.

2. Defendant AL, AH, AY, BA, M, BD, BG, BI, BM, BO, BR, BS, BU, BU, BX, CD, CD.

Reasons

1. The court's explanation on this part of the facts of recognition is as stated in the corresponding part of the judgment of the first instance except for dismissal, addition, or deletion as follows. Thus, this part of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following part shall be added to Chapter 17:

【The contents of Article 5(1) of the instant business agreement (such as compensation for residents) are as follows.

(1) The loan of 18.4 billion won and interest-free interest to the relocated residents of the instant project shall be as follows:

1. Charges of the redeemed land: 8.4 billion won;

2. Ten billion won as compensation for resettlement.

3. It shall lend 79 persons holding general preferential right to a loan with interest-free interest from among persons eligible for repurchase land at a value calculated by multiplying 15 million won per capita by 79 persons holding general preferential right to a parcel of land;

4. The time of payment under subparagraphs 1 through 3 is determined as “a apartment or a loan site for the instant project,” and at the same time, when the person having authority over the repurchase land purchases the land, it is paid as the funds for the purchase of the land, and at the same time, the ownership of the land is transferred to the prior development.

The part of "paragraph (f)" from Part 3 to the last part of the 18th parallel shall be dried as follows:

F. After the conclusion of the instant business agreement, the Plaintiff paid KRW 50 million to Defendant I, J, M, and the first instance trial co-defendant K, and L respectively for each of the remaining Defendants, and KRW 40 million to the rest of the Defendants for the purpose of supporting moving expenses from May 2007.

(hereinafter referred to as “each payment of this case.” No. 4, “Defendant N, O, and Q in the case of P, the part of “T” shall be deleted. The part of “Th” from Chapter 5 to Chapter 17 shall be deleted. The part of “Thh” from Chapter 5, “No. 70” from Chapter 18, is added to “A evidence 6.”

2. The reasons why the court shall explain this part of the parties' arguments and judgments are as follows: