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(영문) 대구지방법원 2014.11.27 2012가단38817
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 40,000,000 and Defendant B from November 23, 2009 to July 31, 2012.

Reasons

1. Basic facts

A. On April 5, 2007, the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) decided not to entrust a resident organization with the project, such as relocation, removal of obstacles, deforestation and transplantation of forest trees, etc. among the construction project of Sejong-si, a multifunctional administrative city (hereinafter “project, such as relocation and transplantation of non-permanent graves”), which is a resident organization, to the “Seoul-si Resident Living Cooperative,” which is a regional resident organization, the “Seoul-si Resident Living Cooperative,” the “Seoul-si Dispute Resolution Bank,” the “Seoul-si Management Bank,” and the “Korea Agricultural Business Association Co., Ltd.” (hereinafter “Seoul-si Resident Living Cooperative,

Accordingly, Defendant B, the president of the partnership, and another delaying resident organization, or Defendant C, the representative director, was unable to receive the project, such as relocation of graves, etc.

In 209 to 2010, the amendment of the detailed construction plan was discussed, and there was a proposal to entrust the business rights to the non-resident organizations other than the Sejong City Residents' Livelihood Cooperatives, but the Korea Land and Housing Corporation did not make any decision on this, so the E Union or the fund for the settlement of disputes of the Defendants is still unable to receive the business such as relocation of the temporary grave.

B. Defendant C and Defendant D had been well aware of these circumstances, and Defendant C also knew that the Defendants could not carry out the project, such as relocation of a grave, with the explanation that “In the process of passing the amendment to the detailed construction project plan by the Defendant C, the Korea Land and Housing Corporation may carry out the project, such as relocation of a grave, on the face of the right to operate the E-Union or the KUF.”

C. Nevertheless, Defendant C and Defendant D visited the E Association office located in Sejong Special Self-Governing City H on October 2009, and I may be entrusted by the Korea Land and Housing Corporation with a funeral project related to the Sejong Sejong Special Self-Governing City construction project, while the E Association may be entrusted with a funeral project related to the Sejong Special Self-Governing City’s construction project, and a funeral project with a site of not more than 5 million square meters and a grave of not more than 30 million square meters.

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