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(영문) 서울고등법원 2015.08.21 2014나2028464
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the whole purport of arguments as stated in the evidence Nos. 2-1, 2, 3, 4-1, 2, 5, 6, 7-1 through 4, 9-1, 2, 10, 19-1 through 3, 1, 3-1, 3-2, 4-1 through 3, 4-1, 5, and 5 of the evidence Nos. 5.

The defendant is the urban environment rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") for the purpose of improving the urban environment by making the land of 18,735 square meters in one lot, including the land of Yongsan-gu Seoul Metropolitan Government, including the land of Yongsan-gu, as its business

2. A person who owns each real estate listed in the list of real estate (hereinafter “each of the instant real estate”) is a member of the Defendant’s association.

B. The establishment and extinguishment of the right to collateral security for each of the instant real property is as indicated below 1) (Attachment 1) and as indicated below, June 20, 208 each of the instant real property and the 1207 L apartment No. 1207 (hereinafter “L apartment”) of the Dongjak-gu Seoul Metropolitan Government K and 2 L apartment.

[1] The Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Green Savings Bank”) with the joint collateral as the joint collateral.

The establishment registration of a neighboring mortgage with the debtor D or the maximum maximum debt amount of KRW 2.25 billion was completed, and the attachment on December 16, 2008

1. Each real estate listed in paragraphs (1) through (3) of the list of real estate and annexed documents;

2. The registration of creation of a mortgage on each parcel of land indicated in the list of real estate was completed with the joint collateral of the defendant, debtor D, or maximum debt amount of 49.5 million won.

2 Attached Form 2

1. As each building listed in paragraphs 3 through 6 of the list of real estate was removed, the registration of destruction was completed on January 20, 2010 for each of the above buildings on the ground of the destruction on May 26, 2009, and on the same day.

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