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(영문) 서울행정법원 2021.02.09 2020구합2356

분양소유권교부 청구

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement Project Association established on November 20, 2006 in order to implement housing redevelopment and improvement projects (hereinafter “project of this case”) in Yangcheon-gu Seoul Metropolitan Government 174,801 square meters (hereinafter “the rearrangement zone of this case”), and the Plaintiff owned the land and buildings located in the Seoul Yangcheon-gu Seoul Metropolitan Government Do 98.2 square meters and above ground buildings (hereinafter “the instant real estate”).

B. On December 18, 2009, the defendant obtained approval of the project implementation plan for the project of this case from the head of Yangcheon-gu Seoul Special Metropolitan City, and subsequently conducted the procedure for application for parcelling-out for establishment of a management and disposal plan, but the plaintiff did not apply for parcelling-out within the relevant

(c)

The defendant classified the plaintiff as the object of cash liquidation and established a management and disposal plan to exclude the plaintiff from the object of cash liquidation, and the head of Yangcheon-gu Seoul Metropolitan Government Office approved it on December 10, 2015.

(d)

Meanwhile, the Defendant filed an application for adjudication to expropriate the instant real estate with the Seoul Special Metropolitan City Local Land Expropriation Committee as it consulted with the Plaintiff in order to acquire the instant real estate but did not reach an agreement, and the said local Land Expropriation Committee rendered a ruling to expropriate the instant real estate on October 28, 2016, and the Defendant deposited the Plaintiff as a truster and deposited the full amount of compensation for losses to the Plaintiff, and completed the registration of the transfer of the instant real estate on January 13, 2017.

Since then, upon the plaintiff's objection, the Central Land Expropriation Committee has made a ruling on the objection, the plaintiff again filed an administrative litigation (Seoul Administrative Court Decision 2017Gudan75456, Seoul High Court Decision 2018Nu75544, Supreme Court Decision 20202 32791) seeking the increase in compensation for losses due to the plaintiff's objection. The administrative litigation was now finalized.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6 (including a number).