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(영문) 서울행정법원 2015.03.20 2013구합23430

청산금청구

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 63,684,00 to the Plaintiff (Counterclaim Defendant) and its related amount from May 7, 201 to November 1, 2013. < Amended by Act No. 11813, Nov. 1, 2013>

Reasons

1. Facts of recognition;

A. On January 5, 2006, the Defendant obtained authorization for the establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project on the ground of 70,808 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “C”), and was subject to a disposition of authorization for the implementation of the project on May 16, 2006, and the Plaintiff was the Defendant’s member, as indicated below, owned 1/2 shares of land and buildings of E, 116 square meters in land and buildings located within the said redevelopment project zone, 29/79 shares of F land, 14.16/16 shares in land of 116 square meters in G, as shown below.

(Provided, as seen earlier, the Plaintiff owned each of the 1/2 shares of the E land and buildings after the management and disposal plan was authorized. The details of the change of ownership are as follows: (i) Plaintiff’s wife I (1/2 shares, 1/2 shares, 6 March 2007), F land J (29/79 shares, 16 August 16, 2005), KK (50/79 shares, 16 shares, 19.2/16 shares, 30 May 30, 2005) G LW (16 shares, 16/116 shares, 205) (No. 16/116 shares, 205) (No. 2010, 308/16/16 shares, 207. 10, 207. 308/16. 16/198) of the Plaintiff’s land and building H (No. 207. 16, 298. 19). 37. /7. 168. /7. 194. /7. /6

B. The Defendant: (a) determined that the application for parcelling-out was defective for 42 square-type apartment buildings among the apartment buildings that H and the Plaintiff jointly agreed to construct in accordance with the above redevelopment project with the former right (the subject of parcelling-out), as KRW 265,866,240, and the assessment value of the previous asset value of the land and the buildings on the land and the ground shall be KRW 49,300,000, and the assessment value of the previous asset value of the F’s land shall be KRW 312,915,953, which is 9.286% of the total sum of each of the above amounts shall be determined as the base value of KRW 312,915,953, which is 9.24 square-type apartment buildings among the apartment houses that the Plaintiff had to construct in accordance with the above redevelopment project with the previous right to the G land shares as KRW 424,09,409,402.