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(영문) 서울행정법원 2019.02.27 2018구합73232

법정가산금 청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In order to implement housing redevelopment improvement project (hereinafter “instant project”) on April 29, 2008, the Defendant is a housing redevelopment improvement project partnership with authorization granted by the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) on April 29, 2008, and the Plaintiffs are the owners of land and obstacles within the instant rearrangement zone.

B. The Defendant received an application for parcelling-out from September 1, 2009 to October 10 of the same year after obtaining an authorization to implement the project from the head of Seodaemun-gu on June 24, 2009, and thereafter extended the period for application for parcelling-out from October 15, 2009 to November 4, 2009 (hereinafter “former application for parcelling-out”).

(2) On April 9, 2010, the Plaintiffs filed an application for parcelling-out within the previous period for application for parcelling-out, and the Defendant held a general meeting on April 9, 2010 and formulated a management and disposal plan including the Plaintiffs as eligible for parcelling-out (hereinafter “previous management and disposal plan”). On June 22, 2011, the Plaintiffs obtained authorization from the head of Seodaemun-gu from the head of

3. On December 27, 2013, the Defendant changed the existing project implementation plan to change the scale of multi-family housing to be newly constructed from the company square to the middle-sized square, and obtained authorization for change of the implementation of the project. On March 17, 2014, the Defendant sent a notice of the title "inform on the application for change of the horizontal parcelling-out of the union members" to the union members, and announced the contents thereof, from March 17, 2014 to March 17, 2014.

4. By no later than 15, an application was filed pursuant to the foregoing guidance (hereinafter “instant application”).

3. The members who did not file an application within the period for filing an application for alteration of the grade of gold shall be assigned to the members in close vicinity to the details of the existing application for parcelling-out;

In addition, the application for the change of the usual category is waived without the application for the change of the usual type.