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(영문) 부산지방법원 2019.12.10 2019가단321456
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an urban environment rearrangement project association which has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on September 11, 2008, and obtained authorization to implement the project on November 15, 201.

B. The Plaintiff is the owner of the Busan Dong-gu C land and D land and above-ground buildings located within the above business zone (hereinafter “Plaintiff-owned real estate”) and the Defendant’s partner.

C. On August 25, 2011, the Plaintiff loaned KRW 432,00,000 from E Union, and completed the registration of creation of a mortgage of KRW 518,400,000 with respect to the real estate owned by the Plaintiff to E Union.

On May 27, 2015, the Defendant sent to the Defendant’s members, from June 1, 2015 to June 14, 2015, a written explanation explaining that the period of relocation set from June 1, 2015 to September 13, 2015, the submission of the plan and the payment system for relocation loans shall be implemented. The above written explanation had a guidance that “the contents of the original written explanation may be changed somewhat among them,” and there were the following contents regarding the payment system for relocation loans with the F Co., Ltd. (hereinafter referred to as “F”) which is a bank selected by the Defendant:

1. Basic resettlement loans (1) Basic resettlement loans by square: 70% of the appraised value. (2) 10% of the appraised value of additional resettlement loans;

2. Terms and conditions of loan for resettlement (1) - It shall be a member who can establish a first priority mortgage on land and building owned by members.

(2) LIBE - Various restricted real rights, such as provisional seizure, seizure, and provisional disposition, on the articles owned by its members, shall be cancelled.

- In principle, the amount of prior mortgage established exceeds the limit of loan amount, will be able to borrow a loan from a person to cancel the right to collateral security and be converted to a bank designated by the partnership.

(3) A loan period (e.g. repayment method) - a loan period for a moving loan.

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