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(영문) 서울동부지방법원 2015.10.29 2015가단109042
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 February 28, 1985, the Defendant is the owner who completed the registration of ownership transfer with respect to No. 104 (hereinafter “instant apartment”) of Songpa-gu Seoul Metropolitan Government No. 18, Dong 104 (hereinafter “instant apartment”).

C. 1) On July 24, 2012, the Plaintiff entered into an agreement on the financial business (Evidence 9-1) loan agreement with a national bank, Korea Exchange Bank, Nonghyup Bank, Nonghyup Bank, Korea Incorporated Bank, Korea Incorporated Bank, and Korea New Bank on the instant business-related group housing loan (Evidence 9-1). The Plaintiff agreed that the said bank will execute the said loan with the Plaintiff on the ground that the total amount of the loan was inside and outside of KRW 2:100 billion (decision from the Plaintiff’s side). (2) On July 24, 2012, the Plaintiff entered into a business agreement with the Korean National Bank, Samsung C&T Co., Ltd., Ltd., and the Plaintiff to raise the business funds necessary for the instant business, with a view to raising the business funds necessary for the instant business, with a national bank, a national bank, a stock company, to the Plaintiff at least KRW 80 billion loan amount, three years of loan period, 91 CD change interest rate, 23% of the principal redemption on the agreed date (No 10-1.

3 The plaintiff is the Nonghyup Bank Co., Ltd. on September 25, 2012 and modern industrial development.

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