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(영문) 서울동부지방법원 2016.07.19 2015가단12247

손해배상

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. 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”) with respect to 150 buildings on the land of 405,782.40 square meters 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 for the implementation of the project from the head of Songpa-gu pursuant to Article 28 of the Urban Improvement Act; the authorization for the implementation of the project on December 26, 2013; and the authorization for the implementation of the project pursuant to Articles 48 and 49(2) of the Urban Improvement Act on January 27, 2015.

B. The Defendants are owners who completed the registration of ownership transfer with respect to each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) that belongs to the instant project site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Since the management and disposal plan was publicly announced on January 29, 2015 regarding the Plaintiff’s alleged business, the Defendants were not able to use or profit from the instant real estate after January 29, 2015, at least pursuant to Article 49(6) of the Act on Urban Improvement or the Plaintiff’s articles of incorporation, which is the date of the public notice of the management and disposal plan, and the Plaintiff was not immediately handed over the instant real estate to the Plaintiff. However

As a result of the delay in the instant business, the Plaintiff suffered damages from the financial institution that entered into the business agreement from March 31, 2015, which bears the liability of KRW 7.866 billion, totaling the interest on moving expenses and the interest on business funds, to the financial institution that entered into the business agreement, and thus, the Defendants are liable to compensate for the damages incurred by the Plaintiff due to their tort or nonperformance.