logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.07.09 2014나2031958
손해배상(국)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a creditor who has a claim for loans based on a final and conclusive judgment with respect to chemical food Co., Ltd. (hereinafter “Tandong food”).

(B) On July 16, 2008, the Seoul Northern District Court Decision 2008Gahap2719 (hereinafter “Seoul Northern District Court Decision 2008Dahap2719) paid the Plaintiff 1,026,803,424 won and the amount of KRW 445,00,000 with interest of 25% per annum from December 14, 2006 to the date of full payment (the above Decision became final and conclusive).

On January 13, 1999, on the basis of the former Act on the Utilization and Management of the National Territory (amended by Act No. 6655 of Feb. 4, 2002), the land located in the 406-1 unit in the Yanpo-Eup in Gwangju (hereinafter “instant project district”) where chemical food was planned to build new housing units was designated as a quasi-urban community district, and the development plan was formulated accordingly. Since the instant project district falls under the zone in the Seoul Metropolitan Area Readjustment Planning Special Measures Area for the Conservation of Water Quality of Kupo-si, and the conditions were added that the project should be implemented only within the capacity of sewage terminal treatment area.

C. (1) From October 200 to build apartment houses of 947 households in the instant project district from around October 200, Gwangju City Mayor applied for the approval of the housing construction project plan and the alteration of the development plan for quasi-urban community district in order to build apartment houses of 947 households in the instant project district. However, the "Seoul City Mayor around March 2002 and around November 2002" lacks the remaining capacity of sewage treatment plants necessary for constructing buildings exceeding the regulatory scale (800m2 in the instant project district) such as multi-family housing in the instant project district, and the Defendant’s improvement of water quality and support for residents of the Han River basin.

arrow