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(영문) 서울중앙지방법원 2017.08.17 2016가합505979
손해배상(기)
Text

1. Defendant C Co., Ltd.: (a) KRW 722,765,833; and (b) KRW 1,874,744,400 to Plaintiff B; and (c) each of the said money.

Reasons

1. Basic facts

A. Defendant E District Urban Development Project Association (hereinafter “Defendant Association”) is the urban development cooperative under the Urban Development Act established on February 1, 201 in order to implement an urban development project with a size of 475,948 square meters per day of Pyeongtaek-si G (hereinafter “instant project”) and Defendant F is the president of the Defendant Association.

Defendant C Co., Ltd. (former H Co., Ltd.; hereinafter “Defendant C”) is an agency for the development of the instant business, and Defendant D is the representative director of Defendant C.

B. Plaintiff A was a current or former owner of each land listed in the separate sheet (hereinafter “each land of this case”) located within the business area of the Defendant Union, who was a member of the Defendant Union, according to the sequence thereof. On July 28, 2015, Plaintiff B, the former spouse of this case, completed the registration of transfer of ownership on the land of this case on the ground of the division of property as of September 28, 201 due to divorce, and on January 22, 2016, Plaintiff A transferred all rights related to the land of this case to the Defendants in relation to the land of this case. On the same day, Plaintiff B notified the Defendants of the said transfer.

The agreement between the Plaintiff A and Defendant C, the sole owner of each of the instant land and the instant building (I) and the instant land, including the said land, shall be agreed upon and implemented in accordance with the principle of trust and good faith, in participating in the instant project by determining the land of Pyeongtaek-si G members as an urban development project area and implementing the urban development project.

Article 2 (Land Substitution Plans)

1. The replotting method and the replotting method shall be, in principle, the replotting method and it shall be calculated in comprehensive consideration according to the characteristics of the relevant parcel;

2. Location and area of replotting (1) The location of replotting shall, in principle, be a land substitution;

(2) On November 2008, the gas station site for residents' inspection shall not be placed on the site of the J-mechanic site.

③ The instant business.

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