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(영문) 서울고등법원 2018.11.09 2017나2068036

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) The Plaintiff is a reconstruction association established to remove existing apartment houses on the ground of Yongsan-gu Seoul Metropolitan Government and two lots pursuant to the former Housing Construction Promotion Act around July 22, 2000 and build a new main apartment building.

(2) The Defendant was the president of the Plaintiff’s association from the time of Plaintiff’s establishment to February 13, 2015.

B. On January 14, 2002, the Plaintiff and D Co., Ltd. (hereinafter “D”) entered into a joint business agreement with the Plaintiff and D Co., Ltd. (hereinafter “instant joint business agreement”) with respect to the Audio-Aud reconstruction project on the land outside Yongsan-gu Seoul and two parcels (hereinafter “instant reconstruction project”).

Article 4 (Method of Implementation of Projects) (1) The plaintiff provides land of Yongsan-gu Seoul Metropolitan Government and two lots owned by the plaintiff and its members, and in return, the newly constructed apartment, commercial buildings, and ancillary and welfare facilities are supplied as substitute.

In such cases, the term "land to be provided to D" means land in a state that the plaintiff secured ownership and right to use the land and does not impede the commencement of construction works of D.

(2) D shall invest necessary business expenses in the site referred to in paragraph (1) provided by the Plaintiff in accordance with the design documents, terms and conditions of the contract, etc. approved by the head of Yongsan-gu and construct construction facilities, supply the Plaintiff with newly constructed apartment houses, commercial buildings, and ancillary and welfare facilities on the land provided by the Plaintiff as a substitute for payment in lieu of the land provided by the Plaintiff, and the remaining building facilities shall be

Pursuant to Article 4(1) of the Act, D shall pay to the Plaintiff the exclusive area of 25.7 square meters per household (32 square meters) and the parking area of 18 square meters and design for the second floor of commercial buildings based on the payment in kind for the previous land or building owned by 56 members of the Plaintiff, and it shall pay to the Plaintiff the parking area allocated to the Plaintiff.