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(영문) 서울서부지방법원 2013.08.16 2012가합4251

청산금 지급

Text

1. The Defendant’s KRW 1,079,005,420 to Plaintiff G and KRW 5% per annum from January 26, 2013 to August 16, 2013.

Reasons

1. Facts of recognition;

A. On January 23, 2008, the defendant as the party is a reconstruction association (hereinafter "the defendant association") which obtained authorization from the head of Eunpyeong-gu with a size of 32,074m2 on October 10, 2008 after obtaining authorization for establishment from the head of Eunpyeong-gu in accordance with the relevant provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act") for reconstruction improvement projects of Q Il large 32,002m2.5m2, and the plaintiffs are the owners of land and buildings located in the rearrangement project zone of the defendant association, who obtained the qualification of association members by obtaining consent to establish an association from the defendant association.

B. On May 28, 2009, the Defendant Union obtained project implementation authorization from the head of Eunpyeong-gu (hereinafter “the first project implementation authorization”) on May 28, 2009, and concluded a contract for construction works with the constructor on September 23, 2009 and announced the application for parcelling-out as of January 13, 201 from the same date (hereinafter “the first parcelling-out period”). 2) The Defendant Union changed the project implementation plan to increase the number of households instead of reducing the exclusive use area, and then announced the application for parcelling-out as of July 14, 201 by setting the project implementation authorization from the head of Eunpyeong-gu (hereinafter “the first project implementation authorization”), and on August 4, 2011, the period for application for parcelling-out as of September 5, 2011 from the same date.

(3) The Defendant Union changed the project implementation plan to the point of converting it into a small-sized ordinary household as a result of the actual inspection, and on March 7, 2013, the Defendant Union obtained the approval for the implementation of the project from the head of Eunpyeong-gu (hereinafter “the approval for the second implementation of the project”), and on March 26, 2013, publicly announced the application period for parcelling-out from the same date to May 3, 2013, and thereafter extended the period of application by May 23, 2013 (hereinafter “third-party parcelling-out”).