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(영문) 서울행정법원 2011.10.06 2011구합2613

손실보상금등

Text

1. As to the Plaintiff Company A and C’s primary claim among the instant lawsuits, the Defendant Central Land Expropriation Council.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff A”) and the Plaintiff C are co-owners of the Flux387 square meters in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”). The share of Plaintiff A is 165.38/387, and the share of Plaintiff C is 165.39/387.

Defendant E Housing Redevelopment Association (hereinafter “Defendant Association”) is the redevelopment association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which was approved by the head of Yeongdeungpo-gu Office on December 26, 2002 for the implementation of housing redevelopment projects in Yeongdeungpo-gu Seoul Metropolitan Government Financial Group (hereinafter “instant projects”).

B. On July 31, 1998, Plaintiff C completed the establishment registration of a neighboring mortgage under the name of the Non-Party Korean Bank Co., Ltd. with the maximum debt amount of KRW 120,000,000 with respect to the said real estate (hereinafter “the instant collateral security”) on the same day, and completed the registration of the establishment of a superficies for the duration of the said real estate from July 31, 1998 to 30 years under the name of the bank as to the said real estate.

(2) On December 29, 2006, the registration of the establishment of the instant nearby the Seoul Southern District Court (hereinafter “the instant superficies”). On December 29, 2009, the registration of the establishment of the instant nearby the Seoul Southern District Court (hereinafter “the instant superficies”).

On July 19, 2006, the National Bank transferred the superficies of this case to Plaintiff D. The duration of the superficies of this case was changed to 199 years on February 2, 2010, and was transferred to Plaintiff B on June 1, 2010.

C. Meanwhile, on November 12, 2004, the Defendant Union obtained the instant project implementation authorization from the head of Yeongdeungpo-gu Office from November 12, 2004 to November 12, 2010.

Plaintiff

G and C applied for parcelling-out within the period of application for parcelling-out (from December 2, 2004 to January 8, 2005) to the defendant association.

Defendant Union received approval of the management and disposal plan from the head of Yeongdeungpo-gu Office on May 17, 2007, and obtained authorization of the completion on December 14, 2009.

However, the plaintiff G and C shall be December 30, 2009.