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(영문) 서울동부지방법원 2016.01.15 2015가단109103
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff obtained authorization to establish a housing reconstruction project on June 12, 2003 from the head of Songpa-gu Seoul Metropolitan Government for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) with respect to 150 buildings on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, Seoul and six parcels, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and around April 2008, the Plaintiff obtained authorization to implement the project from the head of Songpa-gu under Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; the authorization to implement the project on December 26, 2013; and the head of Songpa-gu publicly notified the management and disposal plan under Article 49(3) of the Act on January 29, 2015.

B. On August 27, 1997, the Defendant is the owner who completed the registration of ownership transfer with respect to A apartment Nos. 83 and 203 (hereinafter “instant apartment”) out of Songpa-gu Seoul, Songpa-gu, one parcel of land belonging to the instant project site.

C. 1) On July 24, 2012, the Plaintiff entered into a financial business agreement with a national bank, Korea Exchange Bank, Nonghyup Bank, Inc., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Korea Bank, Korea Bank, Korea Bank, Korea Bank, etc., and Korea Bank, etc., regarding the instant business, and agreed that the said bank will execute the said loan on the basis of the total amount of loans of KRW 2.10 billion (each bank’s loan ratio is determined by the Plaintiff’s side) within and outside the scope of the Plaintiff. (2) On July 24, 2012, the Plaintiff entered into a business agreement with the Korean National Bank, Inc., Ltd., Ltd., Ltd., to raise business funds necessary for the instant business, with a loan amounting to KRW 80 billion, three years of loan period, interest rate 91, etc., and the principal repayment rate

3. On September 25, 2012, the Plaintiff was between the Nonghyup Bank Co., Ltd. and Hyundai Industrial Development Co., Ltd. and the Plaintiff.

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