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(영문) 수원지방법원안양지원 2017.12.22 2016가합1484

매매대금

Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant was established as a rearrangement project association established to implement a housing redevelopment improvement project whose members of Ansan-si D as a rearrangement zone, and obtained authorization from the Ansan-si market on July 27, 2009 for establishment of a partnership.

The Plaintiffs share the land indicated in paragraph (1) of the attached Table No. 1 in the above improvement zone with the shares of Plaintiff B2/3 and Plaintiff A1/3, and Plaintiff B owns a building listed in paragraph (2) of the attached Table No. 2.

(hereinafter referred to as “the above land” is the land of this case, “the above building”. B.

On December 6, 2010, the Gyeyang-gu Mayor determined the implementation period for the rearrangement project as 48 months from the date of authorization for the implementation of the project, and publicly announced it on the same day (hereinafter referred to as the "Initial authorization for the project implementation").

C. On January 31, 2011, the Defendant issued a public notice on the application period for parcelling-out to the members from February 21, 2011 to March 22, 2011, and extended the application period for parcelling-out to April 11, 201, but the Plaintiffs became eligible for cash settlement because they did not apply for parcelling-out.

However, the defendant did not make a cash settlement within 150 days from April 12, 201.

On September 12, 2013, the Ansan City changed the implementation period of the improvement project to 48 months from the date of authorization for the implementation of the project, and publicly notified it on the same day (hereinafter referred to as the "public notified of authorization for the implementation of the project").

E. On November 4, 2013, the Defendant issued a public notice on the application period for parcelling-out to the period from November 4, 2013 to December 4, 2013, and extended the application period for parcelling-out to December 14, 2013. The Plaintiffs were eligible for cash settlement because they did not apply for parcelling-out.

However, the defendant did not liquidate cash within 150 days from December 15, 2013.

F. On November 4, 2015, the Ansan City approved the management and disposal plan and announced it on the same day.

G. On October 2, 2015, the Defendant issued cash to the Plaintiffs from October 2, 2015 to October 23, 2015.