A resignation-based apartment reconstruction association (Law Firm Han-gu, Attorneys Kim Yong-dae, Counsel for plaintiff-appellant)

Busan Metropolitan City and one other (Attorney Han-chul, Counsel for the defendant-appellant)

October 14, 2009

Busan District Court Decision 2008Guhap2966 Decided April 10, 2009

1. The plaintiff's appeal is all dismissed.

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

[Claim] Defendant Busan Metropolitan City shall pay to the Plaintiff 535,462,030 won, Defendant Republic of Korea shall pay 53,546,200 won with 20% interest per annum from the day following the delivery of the copy of the complaint of this case to the day of complete payment.

[Purpose of appeal] The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be additionally paid shall be revoked. The amount calculated by the ratio of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment to the day of full payment as to the plaintiff. The defendant Busan Metropolitan City shall pay to the plaintiff, and the defendant Republic of Korea shall pay to the 16,31,810 won and each of the above amounts

The reasoning for the court’s explanation on the instant case is as follows: (a) the “30,807.22 square meters” in the 4th sentence of the judgment of the court of first instance is deemed as “30,773.68 square meters” in the 7th sentence of the judgment of the court of first instance; and (b) as such, the relevant part of the judgment of the court of first instance is identical to the corresponding part of the reasoning for the judgment of the court

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Yoon Sung-sung (Presiding Judge)