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(영문) 서울고등법원 2015.10.29 2013나60861

청산금 지급

Text

1. The judgment of the first instance court, including the claims of the plaintiff M and N expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On January 23, 2008, the Defendant is entitled to the Urban Improvement and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to carry out reconstruction improvement projects of QT large 32,002 square meters of Eunpyeong-gu Seoul Metropolitan Government on a rebuilding project.

A) Under the relevant provisions, a reconstruction association which obtained authorization from the head of Eunpyeong-gu with the authorization of establishment from the head of the Gu on October 10, 2008 and obtained authorization for modification with the size of 32,074m2,000 square meters in an improvement zone (hereinafter “Defendant Association”).

(2) The Plaintiffs are the owners of the land and buildings located within the rearrangement project zone of the Defendant Union, who obtained the qualification for membership by consenting to the establishment of the Defendant Union’s association.

B. Authorization for project implementation or authorization for modification and 1, 2, 3 sale 1) Defendant Union is authorized by the head of Eunpyeong-gu Office of Eunpyeong-gu on May 28, 2009 (Public Notice AW and hereinafter “Initial Authorization for Project Implementation”).

Upon receipt of a contract for construction works with a contractor on September 23, 2009, the period for application for parcelling-out was determined on November 20, 2009 from the same date to January 13, 2010, and publicly announced the application for parcelling-out (hereinafter referred to as “first-sale”).

(2) After changing a project implementation plan on July 14, 201, the Defendant Union changed the project implementation plan to increase the number of households instead of reducing the exclusive use area (hereinafter referred to as “exclusive use area”), the Defendant Union obtained approval from the head of Eunpyeong-gu for the implementation of the project (hereinafter “approval for the first implementation of the project”), and on August 4, 2011, determined the period for application for parcelling-out from the same date to September 5, 201, and publicly announced the application for parcelling-out.

(3) As a result of the actual inspection, the Defendant Union changed the project implementation plan to a summary of converting a member who wants to obtain a serious square type into a small-sized ordinary household as a result of the foregoing change, and on March 7, 2013, obtained the project implementation authorization from the head of Eunpyeong-gu Office (hereinafter “the second project implementation authorization”). (hereinafter “the second project implementation authorization”).

On March 26, 2013, the period for application for parcelling-out was determined and announced as May 3, 2013 from the same date and thereafter.