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(영문) 수원지방법원 2016.05.12 2015나8237
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and the plaintiffs' claims corresponding to the revoked part shall be filed respectively.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3 and Eul evidence No. 2:

The plaintiffs are the operators of the Inational rental housing complex development project (hereinafter referred to as the "project in this case"), which is promoted in a site of 894,000m2, such as Sungnam-gu, Sungnam-gu, Seoul-gu, Seoul-gu, and the 4 days and nine days regularly open from the E team, and the Korea National Housing Corporation (hereinafter referred to as the "Defendant"), was merged with the defendant on October 1, 2009, and the following is the operator of the Inational rental housing complex development project (hereinafter referred to as the "project in this case") promoted from the site of 894,00m2, including the site in which F was opened.

B. The 110 merchants of “F”, including the plaintiffs, filed a civil petition with the National Ombudsman on the measures for livelihood with concerns that the business would become impossible such as the street store in “F” due to the implementation of the instant project. In the above civil petition processing procedure, the agreement was reached between L of 110 representative merchants and the defendant on October 16, 2006 that “the respondent (the defendant) shall determine the size of the first parking lot that is planned to be 3,000 square meters as of the present plan for the utilization of the land for the civil petition project in consideration of the applicant’s living measures of 4,000 square meters (No. 1,000 square meters) (hereinafter “instant agreement”).

C. In addition, the 70 merchants of "F", including the plaintiffs, filed a civil petition for business compensation with the defendant with the National Ombudsman as the respondent with the National Ombudsman. On July 2007, the National Ombudsman recommended correction that "the respondent (the defendant) will conduct a business fact-finding investigation on the business conducted by the applicants (the above 70 merchants) in the business places within Sungnam-gu E-gu, Sungnam-gu, Seoul Special Metropolitan City, the planned area for the creation of the I National Rental Housing Complex, and recommend correction that the business losses will be compensated based on the results of such investigation."

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