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(영문) 서울동부지방법원 2015.09.01 2015가단109158
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, evidence 2-1 through 3, Gap evidence 3, 4, 7 and 8, evidence 9-1, evidence 10-1 through 3, and purport of the whole pleadings);

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization for the establishment of a housing reconstruction project on June 12, 2003 from the head of Songpa-gu Seoul Metropolitan Government to implement a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on a site of 405,782.40 square meters outside Songpa-gu, Songpa-gu, Seoul and six parcels pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). A project implementation authorization was granted pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on April 26, 2008; a project implementation authorization was granted on December 26, 2013; and a management and disposal plan was authorized pursuant to Articles 48 and 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on January 27, 2015.

B. Defendant B is the owner who completed the registration of ownership transfer on September 28, 1994 and No. 201 (hereinafter “201”) of Songpa-gu Seoul, Songpa-gu and 1 parcel No. 54 and 201 (hereinafter “201”). Defendant C is the owner who completed the registration of ownership transfer on May 28, 199, Songpa-gu, Seoul and 1 parcel No. 24 and 207 (hereinafter “207”) belonging to the project site, and Defendant D is the owner who completed the registration of ownership transfer on May 18, 2001, as to the 5th, 507 (hereinafter “507”).

C. 1) On July 24, 2012, the Plaintiff entered into a financial business agreement with a national bank, Korea Exchange Bank, Nonghyup Bank, Inc., Ltd., Ltd., Ltd., Korea Bank, Korea Bank, Korea Bank, and Korea Bank, regarding the instant business, and the total amount of loans KRW 2.10 billion (each bank’s lending ratio is inside and outside of the scope of the Plaintiff’s decision, and the said bank is above to the Plaintiff.

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