현금청산자지위확인
1. The plaintiffs' primary and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Defendant is the Housing Redevelopment Improvement Project Association established on December 22, 2006 by the head of Seongdong-gu Office on December 22, 2006 to implement the Housing Redevelopment Improvement Project with the area of project implementation (hereinafter “instant rearrangement zone”) of 100,666.39 square meters in Seongdong-gu Seoul, Seongdong-gu, Seoul. The Plaintiffs are the owners of land, etc. in the instant rearrangement zone.
B. The defendant received application for parcelling-out from the head of Seongdong-gu on August 10, 2007, and from August 14, 2007 to September 21, 2007 (the first extension from September 13, 2007 to September 13, 2007).
The plaintiffs filed an application for parcelling-out within the above period, and at the time, the appraised value of the real estate owned by the plaintiff A was KRW 774,132,750, and the appraised value of the real estate owned by the plaintiff B was KRW 541,369,000.
C. On December 20, 201, the Defendant held an extraordinary general meeting on December 20, 201, and resolved on a plan for the management and disposal of the content of the proportional rate to be lowered from 100.39% to 90.11%, and obtained authorization for modification from the head of Seongdong-gu on April 5, 2012.
1) On June 11, 2012, the Defendant sent to the members of the Plaintiff a written statement to the effect that “the sales contract shall be concluded from June 21, 2012 to June 24, 2012.” (2) The Plaintiff entered into a sales contract on June 24, 2012, which is within the said period. According to the said sales contract, the sales price of the apartment unit that the Plaintiff applied for parcelling-out (148A) is KRW 839,606,50, and the value of the right of the real estate that the Plaintiff owned by the Plaintiff is reduced from 110.39% to 90.1%, as the proportion ratio is reduced from 1110.39% to 90.11%, the difference between the Plaintiff and the Defendant shall be calculated as KRW 697,571,021 (=74,132,750 x below KRW 90.11% x below, hereinafter the same).
Plaintiff
A paid the down payment of KRW 28,407,00 on June 22, 2012, and the first intermediate payment of KRW 14,203,00 on November 21, 2012.
3 The plaintiff B entered into a sales contract within the above period, and the plaintiff B entered into the contract.