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(영문) 서울동부지방법원 2016.02.05 2015가단12261
손해배상
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The plaintiff's assertion

A. Defendant B is the owner of the real estate listed in the separate sheet No. 1 and Defendant C is the owner of the real estate listed in the separate sheet No. 2, and the Plaintiff is a housing reconstruction and improvement project association that promotes a housing reconstruction and improvement project by using one unit including the above real estate as the site for reconstruction

The Defendants, in accordance with Article 32(4) of the Plaintiff’s Articles of Incorporation, shall deliver the said real estate to the Plaintiff by August 8, 2014, which was publicly announced by the Plaintiff as the resettlement period, but failed to perform that duty.

B. Meanwhile, on January 27, 2015, the management and disposal plan for the said rearrangement project was authorized and approved on the same year.

1. Since public notice was made on 29. 29., the defendants lost their right to use and profit from each of the above real estate pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the tort was established

C. Due to the Defendants’ nonperformance of obligations or joint tort, until the Defendants delivered each of the above real estate to the Plaintiff, the Plaintiff suffered damages equivalent to relocation expenses, interest on loans for business expenses, and agreed damages with the contractor due to delay in the commencement of the construction due to the delay in the construction due to the delay in the construction of the above improvement project, and the Defendants jointly shall compensate the Plaintiff for the amount stated in the primary or preliminary claim, which is part of the damages.

2. The evidence presented by the Plaintiff alone is insufficient to recognize that the Plaintiff suffered losses due to the delay in the progress of the above rearrangement project due to the Defendants’ nonperformance or tort. Therefore, the Plaintiff’s assertion on the amount of damages is without merit, without further need.

3. According to the conclusion, each of the instant claims against the Defendants by the Plaintiff is dismissed as all of its grounds are groundless, and it is so decided as per Disposition.

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