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(영문) 서울고등법원 2016.07.14 2015누51226

현금청산금 청구의 소

Text

1. As to the defendant among the judgment of the first instance

A. As to Plaintiff A, KRW 968,321,547 and its weight, KRW 459,521,547, respectively,

Reasons

Facts of recognition

The defendant is the Gangseo-gu Seoul Metropolitan Government Housing Reconstruction Project Association established with the approval of establishment from the head of Gangseo-gu Seoul Metropolitan Government on August 1, 2007 to implement a housing reconstruction project (hereinafter referred to as the "instant project") within 31,668 square meters in Gangseo-gu Seoul Metropolitan Government.

The head of Gangseo-gu Seoul Metropolitan Government approved the project implementation on October 31, 2007 (Notice E of Gangseo-gu Seoul Metropolitan Government), and revised the project implementation on three occasions thereafter, and approved the management and disposal plan on January 23, 2008 (Publication F of Gangseo-gu Seoul Metropolitan Government), and revised each management and disposal plan on December 20, 201 and January 6, 2014.

As the Defendant’s member, the Plaintiffs owned each land (hereinafter “instant land No. 1”) and buildings (hereinafter “instant building”) listed in the attached Table 1 List of Real Estate No. 1 located within the instant project zone, and the Plaintiff B owned each land (hereinafter “instant land No. 2”) listed in the attached Table No. 2 List of Real Estate No. 1 located within the instant project zone and buildings (hereinafter “instant building No. 2”).

(1) Each of the above buildings was destroyed on October 2, 2008; hereinafter the above buildings collectively referred to as "each of the above buildings" and "each of the above buildings," and the "each of the above buildings," collectively referred to as "each of the above buildings," and "the pertinent real estate" collectively). The Defendant, the Plaintiff A caused the trust of the Seoul Southern District Court (Seoul Southern District Court Decision 6977, Jan. 31, 2008, receipt No. 6977, and January 30, 2008, with respect to the land No. 1 and the building No. 1, and the Plaintiff B transferred the real estate of this case to the Defendant by November 16, 2007, receipt No. 74281, Nov. 15, 2007.

The defendant shall set the period from January 23, 2014 to January 26, 2014 as the period for concluding a contract for sale by partners.