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(영문) 울산지방법원 2016.07.22 2015가단64017
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a non-profit corporation established to promote a land readjustment project A, and manages the register of land allotted by the authorities in recompense for development outlay regarding the ownership of the land within the business area.

B. Around December 2, 2010, B, a member of the Defendant, was loaned KRW 240 million to Ulsan-gun, Ulsan-gun, a land secured by the recompense of development outlay (hereinafter “instant land secured by the recompense of development outlay”) as security around December 2, 201, and was re- loaned KRW 340 million on September 1, 201, after the said loan was fully repaid.

C. After that, B newly constructed a 4th floor building on the ground of the land allotted by the authorities in recompense for development outlay, and was loaned KRW 490 million from the Plaintiff on February 28, 2012 from the Plaintiff, and offered the instant land secured by the recompense for development outlay and its ground buildings as security.

Accordingly, the Plaintiff paid the principal and interest of the loan to the Seocho Saemaul Fund, and received a security right as to the land secured for the recompense of development outlay from the Seocho Saemaul Fund.

On February 24, 2012, the Plaintiff made a request for cooperation to the Defendant on February 24, 2012, stating that “The Plaintiff’s creation of security right to the land allotted by the authorities in recompense for development outlay shall be recorded in the register of land allotted by the authorities in recompense for development outlay, and such request shall be prohibited from any act causing changes in ownership and other rights without the Plaintiff’s written consent, regardless

E. Accordingly, the Defendant and B sent a notice to the Plaintiff stating that “In providing the land allotted by the authorities in recompense for development outlay as security, they consented to the Plaintiff’s request for cooperation for change of name and confirmed that there is no objection even if no objection is raised without the Plaintiff’s permission.”

F. On August 16, 2012, an order was issued to sell land allotted by the authorities in recompense for development outlay, which was issued by this court as the order for sale of land allotted by the authorities in recompense for development outlay, and as a result, D had the auction procedure conducted on December 14, 2012, and acquired ownership by winning a successful bid in the land allotted by the authorities in recompense for development outlay for development outlay.

G. The Defendant is against the Plaintiff on December 20, 2012.

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