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(영문) 대전지방법원 2015.04.29 2015가합346
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The related defendant between the parties is a person who had the president of the Eunpyeong-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “instant partnership”) with the project implementation district of Eunpyeong-gu, and the plaintiff owns the Eunpyeong-gu Seoul Metropolitan Government D large scale 11mm2 (hereinafter referred to as the “instant land”) and its ground buildings (hereinafter referred to as the “instant building”) located within the project implementation district of the said redevelopment partnership, and is the F’s husband (hereinafter referred to as the “Plaintiff and F”) who operated the Empt in the said building.

In the event of dispute between the parties, the association of this case shall calculate the value of the right to the land and building of this case as KRW 620 million according to the appraisal results in the process of implementing a housing redevelopment project in the zone C (hereinafter “instant redevelopment project”), and received an application for parcelling-out from F.

Since then, while the plaintiff raised an objection against the appraisal price of the building of this case, the dispute occurred between the plaintiff side and the defendant and the association of this case, and the lawsuit was pending several times.

Plaintiff

The F applied for a provisional disposition suspending the performance of duties against the Defendant during the proceeding between the Defendant and the instant partnership, but the F applied for a provisional disposition suspending the performance of duties against the Defendant on July 29, 2009 (Seoul Western District Court 2009Kahap933, Seoul Western District Court 2009Kahap933).

The judicial assistant officer belonging to the Seoul Western District Court issued a final decision on the amount of litigation costs that F would fix the amount of litigation costs to the defendant as KRW 1,560,060 due to the above provisional disposition application, and the plaintiff raised an objection, but the Seoul Western District Court rendered a final decision on November 25, 2009 that approved the disposition of the judicial assistant officer (hereinafter "final decision on the amount of litigation costs of this case") as the Seoul Western District Court 2009Ka-495 on November 25, 2009.

On March 17, 2010, the Plaintiff transferred KRW 1,560,000 to the account under the name of the instant association.

B. The combination between F and the instant case.

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