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(영문) 서울동부지방법원 2016.07.12 2015가단12322

손해배상

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization for the establishment of 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”), and obtained authorization for the implementation of a project on December 26, 2013 pursuant to Article 48 and Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and on January 27, 2015, the head of Songpa-gu publicly announced the management and disposal plan (hereinafter “instant management and disposal plan”) pursuant to the provisions of Article 49(3) of the Act on January 29, 2015.

B. The Defendant is the owner of the commercial building set forth in the attached list in the business site.

C. According to the Plaintiff’s articles of incorporation, a union member shall leave the relevant house within the resettlement period determined and notified by the Plaintiff (Article 32(4)); and a union member shall be liable to compensate all damages incurred therefrom if the union member or tenant fails to leave the relevant house, thereby hindering the implementation of the project, such as removal of the existing house, and shall not raise an objection to the Plaintiff.

(Article 32, paragraph 5). (d)

On June 18, 2014, the Plaintiff publicly announced that from July 7, 2014, to August 8, 2014, the period of relocation was set and the Plaintiff requested the members of commercial buildings to move.

E. (1) On July 24, 2012, the Plaintiff entered into an agreement on the financial business of the instant collective housing loan (transfer expenses) with a national bank, Korea Exchange Bank, Nonghyup Bank, Inc., Ltd., Ltd., Korea Bank, Korea Bank, Korea Bank, and Korea Bank, respectively. The Plaintiff’s total amount of loans is KRW 2 trillion 100 billion (each bank’s lending ratio is determined by the Plaintiff).