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(영문) 의정부지방법원 2018.06.22 2017가합527
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. The Plaintiff is a person who leased and resided in part of the Namyang-si C apartment (hereinafter “C apartment”) from around 2006 to around 2009.

Around that time, Daisan Industrial Co., Ltd. (hereinafter “Tansan Industries”) and Defendant Dongyang Construction Industry Co., Ltd. (hereinafter “Defendant Dongyang Construction”) were running a new apartment construction project (hereinafter “instant project”) on the D Han-si site near C apartment, Nam-si, Nam-si.

B. Around November 7, 2007, the council of occupants’ representatives of the C apartment (hereinafter “council of occupants’ representatives”) drafted a written agreement specifying the tin industry, the access roads to the instant project, the access roads to the C apartment, the amount of agreement, and the timing for payment (hereinafter “instant agreement”).

C. around July 30, 2008, the council of occupants' representatives constituted a separate negotiation group for the reason that the matters approved by the defendant Nam-si on the instant project are different from the matters stipulated in the instant agreement, and thus further negotiations with the defendant Yangyang Construction are needed. Around July 30, 2008, the council of occupants' representatives was paid an agreed amount from the defendant Yangyang Construction.

[Grounds for recognition] The descriptions of Gap evidence Nos. 2, 7, 12, and 14, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. C apartment occupants or the council of occupants' representatives filed a civil petition on the instant project by carrying out the work of blasting stones illegally by stone industry, etc., and after which E, who was the chairman of the council of occupants' representatives, prepared the instant agreement with stone industry and the instant agreement.

However, although the agreement of this case was prepared by deception such as the Twit Industries and the Director of the Management Office F, the defendant Namyang-si did not properly investigate it and approved the business of this case illegally on November 9, 2007.

B. Defendant B, the president of the Housing Association, was a green belt area, and thus, it is impossible to grant the construction permit, despite the fact that it is impossible to do so, in collusion with Defendant Nam-si G, etc., and illegal C apartment.

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