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(영문) 서울동부지방법원 2015.11.26 2015가단12278
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The defendant is the owner in Songpa-gu Seoul Metropolitan Government and E-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and the plaintiff is the Housing Reconstruction Improvement Project Association

The Defendant, pursuant to Article 32(4) of the Plaintiff’s Articles of Incorporation, should deliver the said real estate to the Plaintiff by August 8, 2014, which was publicly announced by the Plaintiff as the resettlement period, but did not perform such obligation.

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 the notice was made on 29. 29., the defendant lost his/her right to use and profit from 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, it

C. Due to the above Defendant’s nonperformance of obligation or joint tort, until the Defendant delivered the above real estate to the Plaintiff, and until now, if the Defendant did not deliver the real estate, the Plaintiff suffered damages equivalent to relocation expenses loans, interest on loans for business expenses, and agreed damages with the contractor due to delay in the commencement of the construction due to the delayed construction due to the delay in the construction of the above improvement project, and thus, the Defendant shall compensate the Plaintiff for

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 Defendant’s default or tort. Therefore, all of the Plaintiff’s assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case is without merit.

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