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(영문) 인천지방법원 2019.01.24 2018가합54384
손해배상(기)
Text

1. As to the Plaintiff’s KRW 602,349,100 and KRW 200,000 among them, the Defendant shall start on March 10, 2009, and the remainder of KRW 402,349.

Reasons

1. Basic facts

A. B. B. (1) The Defendant shall implement the land readjustment project in Jung-gu Incheon Jung-gu, Seoul, 484,6202 for the land of Jung-gu, Incheon (hereinafter “instant project”).

2) On July 13, 1998, the head of Incheon Metropolitan City publicly notified the determination of urban planning and detailed planning zone with respect to the instant project as notified D of Incheon Metropolitan City on July 3, 1998. On July 13, 2002, the Defendant promoted the instant project with the authorization to establish the association and the authorization to implement the instant project with the authorization to implement the project in accordance with Article 16 of the former Land Readjustment and Rearrangement Project Act (amended by Act No. 6252, Jan. 8, 200; hereinafter the same shall apply).

B. The Defendant’s business promotion expenses borrowed and trust contract 1) The Defendant, while promoting the instant project, needs to pay the project expenses such as but not limited to the land-to-land construction cost, etc., and the Defendant’s project cost on December 26, 2007 (hereinafter “F”).

2) On December 27, 2007, the following day, F and G Co., Ltd. (hereinafter “G”) agreed to borrow KRW 9.5 billion from the Plaintiff.

In order to secure the above loan debt, 37 lots of land allotted by the authorities in recompense for development outlay in the instant project district (including 451m2 in the instant project district and 451m2 in the instant project district, and 281.7m2 in the instant project district.

The sum of the above two parcels of land is as follows: “each parcel of land of this case”; and when part of the land is separated, “O land of this case” in order.

J Co., Ltd. (hereinafter “J”)

(2) On December 28, 2007, the Defendant entered into a real estate security trust contract between the Plaintiff and the truster, the trustee J, and the priority beneficiary F with respect to the said 37 parcels of land as the priority beneficiary, and the Defendant entered into a real estate security trust contract between the Plaintiff and the Plaintiff on December 26, 2007 as to the said 29 parcels of land, including each of the instant parcels of land in recompense for development outlay, and the date of change of the name of the transferee, the Plaintiff, and the date of change on December 26, 2007.

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