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(영문) 수원지방법원 2018.09.13 2017구합70657
청산금 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 680,701,110 and the interest rate of KRW 15% per annum from December 5, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On December 19, 2006, the Plaintiff was designated and publicly notified as a project implementer of a housing redevelopment improvement project (hereinafter “instant rearrangement project”) whose project implementation district consisting of the housing redevelopment project district consisting of the housing redevelopment project district of the 257,590 square meters in Ansan-gu B in Ansan-gu, Ansan-si, Ansan-si, Ansan-si. The Plaintiff is the project implementer who has obtained project implementation authorization on December 31, 2008, and the Defendant is the owner of the building located within the instant rearrangement project district.

B. The Plaintiff determined the period from January 20, 2009 to August 25, 2009 for the application for parcelling-out of the instant improvement project and received the application for parcelling-out from the owners of land and buildings within the instant improvement project zone. The Defendant applied for parcelling-out of multi-family housing (multi-family housing with an exclusive area of 139 square meters) to the Plaintiff within the above application period for parcelling-out (hereinafter “instant application for parcelling-out”).

C. On November 25, 201, the Plaintiff was authorized by the Ansan-si Mayor to execute the instant management and disposition plan for the instant rearrangement project (hereinafter “instant management and disposition plan”), and the main contents thereof are as follows.

Article 5 (1) A project implementer, such as application for parcelling-out, shall notify the landowners of the matters prescribed in Article 47 of the Decree, such as a summary of charges and the period for application for parcelling-out, within 21 days from the date of

(2) The period for application for parcelling-out shall be between 30 and 60 days from the date of notification of the public announcement of parcelling-out, but may be extended by up to 20 days for the application for parcelling-out where it is deemed that there

(3) The owner of land, etc. who wishes to parcel out a site or new building shall specify the details of ownership in an application for parcelling-out within the period for application for parcelling-out under paragraph (2) and submit it to the project implementer, along with a certified copy of the register, etc. of the land and buildings owned by

(4) An application for parcelling-out under paragraph (3).

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