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(영문) 서울행정법원 2015.08.19 2014구합76110

손실보상금증액

Text

1. The Defendant shall pay to the Plaintiff KRW 235,62,400 as well as 20% per annum from April 11, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is a cooperative established with authorization from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “the head of Seongdong-gu”) for the establishment of the Seongdong-gu Seoul Metropolitan Government for the implementation of the Housing Redevelopment Development Improvement Project in Zone 1 of Seongdong-gu, Seongdong-gu, Seoul Metropolitan Government (hereinafter “instant project”), whose business area covers 339-67 square meters and 100,586.58 square meters, and obtained authorization for the implementation of the instant project on August 10, 2007 from the head of Seongdong-gu (Seoul Metropolitan Government Notice No. 2007-65), and authorization for the alteration of the project on August 7, 2009 from the head of Seongdong-gu.

(Public Notice of Seongdong-gu No. 2009-583). (b)

The Plaintiff is a school foundation that owns ① 440 square meters in the instant project zone in Seongdong-gu, Seongdong-dong 449.3 square meters in Seongdong-dong, Seongdong-gu, Seoul; ② 441 square meters in Hong-dong, Seongdong-gu, Seoul; ③ 442 square meters in Hong-dong, Seongdong-gu, Seoul 444.9 square meters in Hong-dong, ④ 33.06 square meters in Seoul, Seongdong-gu, Seoul 442 ground housing; ⑤ 50 square meters in Seongdong-gu, Seongdong-gu, Seoul 442 ground

(hereinafter referred to as “the instant real estate,” and “the total sum of the above real estate,” collectively referred to as “the instant land,” and when individually referred to, “the instant land,” according to the sequence, and collectively referred to as “the instant obstacles” in the said housing and teachers.

On July 22, 2008, the defendant approved the management and disposal plan for the project of this case by the head of Seongdong-gu, and around that time, the defendant designated the application period for parcelling-out from August 14, 2008 to September 14, 2008 and announced the application period for parcelling-out, and the plaintiff applied for parcelling-out within the above period.

After that, on April 5, 2012, the Defendant obtained an amendment to the management and disposition plan from the head of Seongdong-gu, and around that time, set the period of the sales contract from June 21, 2012 to June 24, 2012 (hereinafter “the first period of the sales contract”) and announced the conclusion of the sales contract, but the Plaintiff did not conclude the sales contract with the Defendant within the first period of the sales contract

E. The defendant extended the period of concluding a contract for sale as follows, but the plaintiff and the defendant finally.