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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
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 for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, Seoul and six lots pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and around April 2008, the Plaintiff obtained authorization for the implementation of the project from the head of Songpa-gu under Article 28 of the Urban Improvement Act; the authorization for the implementation of the project on December 26, 2013; the authorization for the implementation of the project under Articles 48 and 49(2) of the Urban Improvement Act on January 27, 2015.
B. The Defendant is the owner of a parcel No. 43, Dong 502 (hereinafter “instant apartment”) out of Songpa-gu Seoul Metropolitan Government, which belongs to the instant project site.
C. (1) On July 24, 2012, the Plaintiff entered into an agreement on the financial business of the instant collective housing loan (transfer expenses) with a national bank, Korea Exchange Bank, Nonghyup Bank, Inc., Ltd., Ltd., Ltd., Ltd., NAF Bank, NAF Bank, Korea Ltd., and NAF Bank, and agreed that the said bank will implement the said loan to the Plaintiff on the basis that the total amount of the loan was KRW 2.10 billion (each bank’s loan ratio is determined by the Plaintiff’s side)
The Plaintiff entered into an agreement with the Korean National Bank Co., Ltd. and Samsung C&T Co., Ltd. on the date of 2012 on the business of the instant case with a view to raising the business funds necessary for the instant project, the Plaintiff entered into a loan agreement with the Korean National Bank Co., Ltd. to grant a loan to the Plaintiff by making a temporary repayment to the Plaintiff on the agreed date.
Article 22(1) of the Civil Act provides that the Plaintiff shall raise business funds necessary for the instant business between the Nonghyup Bank Co., Ltd. and Hyundai Industrial Development Co., Ltd. on September 25, 2012.