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(영문) 서울동부지방법원 2016.01.12 2015가단12612
손해배상
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: Fact that there is no dispute, Gap evidence 1 through 9, Eul evidence 3, 7, and 12, and the 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 for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on a site of 405,782.40 square meters outside Songpa-gu Seoul, and six parcels, and the head of Songpa-gu publicly announced the instant management and disposal plan pursuant to Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. A project implementation authorization was granted on December 26, 2013, and the project implementation authorization was obtained on January 27, 2015, and the head of Songpa-gu publicly announced the instant management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act on January 29, 2015.

B. Defendant B is the owner of the real estate listed in paragraph (1) of the attached list of the real estate contained in the instant project site. Defendant C is the owner of the real estate listed in Paragraph (2) of the same list, and Defendant D and E are the co-owners of the real estate listed in Paragraph (3

(hereinafter referred to as the “each of the instant real estates” in combination with the said real estates.

According to the articles of incorporation of the Plaintiff, a member shall move out of the relevant house within the resettlement period determined and notified by the Plaintiff (Article 32(4)), and a member shall be liable to compensate all damages incurred therefrom if the member, tenant, etc. fails to move out of the relevant house and thereby impedes the implementation of the project, such as removal of the existing house, etc., and shall not raise an objection to the Plaintiff.

(Article 32, paragraph 5). (d)

The Plaintiff, around June 18, 2014, announced that the period from July 7, 2014 to August 8, 2014, requesting the relocation, etc. of commercial union members should be set as the resettlement period. The Defendants are commercial union members.

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