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(영문) 서울동부지방법원 2015.11.13 2015가단109240
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”), the Plaintiff was established to implement a housing reconstruction project for A apartment units (hereinafter referred to as the “instant project”). On June 12, 2003, the Plaintiff obtained authorization from the head of Songpa-gu pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. A project implementation authorization was obtained on December 26, 2013, and a management and disposal plan was approved pursuant to Articles 48 and 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the head of Songpa-gu announced the management and disposal plan on January 27, 2015 in accordance with Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

On July 24, 2012, the Plaintiff entered into an agreement with a national bank, Korea Exchange Bank, Nonghyup Bank, Nonghyup Bank, Korea Bank, Korea Bank, and Korea-Japan Bank on the loan financial business (A) of this case related to the instant business (Relocation Expenses) and agreed that the said bank will implement the said loan to the Plaintiff on the basis that the total amount of the loan is KRW 2 trillion 100 billion (each bank’s loan ratio is determined by the Plaintiff’s side).

In addition, around 2012, the Plaintiff entered into a business agreement with the National Bank of Korea and Samsung C&T Co., Ltd. to provide loans to the Plaintiff within the limit of KRW 80 billion (A 10-1) in order to raise business funds necessary for the instant business.

Defendant B, each of the owners of A apartment Nos. 75, 308, 75, 308, A apartment No. 94, 308, and A apartment No. 42, 107, included in the instant project site, is the Plaintiff’s members.

(2) Article 32(4) of the Civil Act provides that “The members of an apartment building owned by the Defendants shall leave the relevant building within the resettlement period determined and notified by the Plaintiff (Article 32(4)), and members of the association shall leave the building.

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