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(영문) 서울행정법원 2020.12.18 2020구합66176

창산금지연이자청구

Text

All of the claims of the Plaintiff (Appointed Party) are dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant completed the registration of the incorporation on June 9, 2009 as a housing redevelopment improvement project association which was approved by the head of Nowon-gu in Seoul Special Metropolitan City (hereinafter "the head of Nowon-gu") on June 5, 2009 for the purpose of implementing the housing redevelopment project in the urban renewal acceleration district B of 68,327 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

B. The Defendant obtained approval of a project implementation plan from the head of Nowon-gu on November 6, 2014, and received the application for parcelling-out from January 15, 2015 to March 2, 2015 for its members, and extended the period of application for parcelling-out on March 3, 2015 to March 22, 2015.

C. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are co-owners with respect to each of the 1/2 shares among the building and its ground (hereinafter “instant real estate”) located in the said rearrangement project zone, who were in the position of the Defendant’s members.

On March 23, 2015, the date following the expiration date of the application period for parcelling-out by the defendant's public announcement of the application for parcelling-out and public announcement of extension of the application for parcelling-out, the plaintiff and the selected person lose their membership and became a person subject to cash settlement under Article 47 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter "former Act on the Maintenance

The defendant set up a management and disposal plan that designates the plaintiff and the selected person as the object of cash settlement and obtained authorization from the head of Nowon-gu.

On the other hand, on July 26, 2016, the plaintiff and the selector filed an application for adjudication on the instant real estate with the defendant, and the defendant filed an application for adjudication on expropriation on February 22, 2017.

On June 23, 2017, the Seoul Special Metropolitan City Regional Land Tribunal: (a) the Defendant expropriateds the instant real estate on June 23, 2017; and (b) the Plaintiff and the selector as the compensation for the instant real estate; (c) each of the KRW 1,295,971,010, and the additional charges for delaying an application for adjudication; and (d) the filing date of the application for adjudication by the Plaintiff and the selector on September 27, 2016 is July 26, 2016.