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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and
Reasons
1. Basic facts
A. The Plaintiff is a housing redevelopment project partnership that was established to implement a housing redevelopment project with the housing redevelopment project district of the Seodaemun-gu Seoul Metropolitan Government 283,260.7 square meters and approved on June 22, 2007 by the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “head of the Gu”).
B. The Plaintiff received the application for parcelling-out from the members of the Plaintiff after obtaining an authorization to implement the project on September 4, 2007 from the head of the Gu (Notice E of Seodaemun-gu Seoul Metropolitan Government), and from September 6, 2007 to October 6 of the same year, and the Plaintiff owned real estate in the said project area, and applied for parcelling-out to the Defendant during the period of the said application for parcelling-out.
C. On March 14, 2008, the Plaintiff as a part of the relocation measures for the members who filed an application for parcelling-out, and as to the receipt of moving expenses from the new bank (hereinafter referred to as the "new bank"), the Plaintiff announced that (i) the owners of the land and buildings among the members subject to parcelling-out, (ii) the members of the association who owned only the building among the members subject to parcelling-out, (iii) the limit of the amount of basic moving expenses shall be KRW 500 million within 50% of the appraised amount, (iv) the time when the basic moving expenses are repayment is scheduled to move, (v) the members of the association shall pay the basic moving expenses to the Defendant association, and (v) the interest on the loan interest, etc. shall be consulted with the relevant bank.
The plaintiff applied for the moving expenses loan to the defendant within the period of the above moving expenses loan, and received the loan of KRW 225,90,000 in total from the new bank on April 14, 2008, and KRW 90,300,000 on June 26, 2008, and KRW 225,000 on July 16, 2008.
E. The Defendant obtained the approval of the management and disposition plan on June 26, 2008, and the Seoul Administrative Court rendered a judgment revoking the above management and disposition plan on June 11, 2009 (2008Guhap28714), and the Plaintiff’s appeal (Seoul High Court 2009Nu19177) and the appeal (Supreme Court 2010Du6038).