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(영문) 서울동부지방법원 2016.01.14 2015가단12292
손해배상
Text

1. The Plaintiff (Counterclaim Defendant)’s claim against the Defendants and the Defendant (Counterclaim Plaintiff) E, and the Defendant (Counterclaim Plaintiff)’s counterclaim.

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 parcels pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and around April 208, the Plaintiff publicly announced the instant management and disposal plan pursuant to Article 49(3) of the Act on January 29, 2015.

B. The Defendants are the owners of each of the corresponding column real estate listed in the separate sheet of real estate contained in the instant project site (hereinafter referred to as “each of the instant real estate”), and are the Plaintiff’s members.

C. According to the Plaintiff’s articles of incorporation, a union member shall leave the relevant house within the resettlement period determined and notified by the Plaintiff (Article 32(4)); and a union member shall be liable to compensate all damages incurred therefrom if the union member or tenant fails to leave the relevant house, thereby hindering the implementation of the project, such as removal of the existing house, and shall not raise an objection to the Plaintiff.

(Article 32, paragraph 5). (d)

On June 18, 2014, the Plaintiff announced that the period from July 7, 2014 to August 8, 2014 should be set to move to commercial partners. The Defendants, even though they were commercial partners, did not withdraw from each of the instant real estate during the period of relocation.

On the other hand, on July 14, 2014, the Plaintiff against the Defendants on July 14, 2014 during the resettlement period, the Seoul Eastern District Court 2014Da34301.

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