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(영문) 서울행정법원 2015.01.22 2013구합59200
청산금
Text

1. The defendant on March 5, 2008, as to the real estate stated in the attached Form 1 from the plaintiff, the Seoul Southern District Court Gangseo-gu Office of Registry of the Seoul Southern District Court.

Reasons

1. Basic facts

A. The Defendant obtained authorization for the establishment of a housing reconstruction project association established to implement a housing reconstruction project (hereinafter “instant improvement project”) using the Gangseo-gu Seoul Metropolitan Government Seoul Metropolitan Government 31,668 square meters as a project implementation district (hereinafter “instant project implementation district”), and the housing reconstruction project association established on October 31, 2007 by the head of Gangseo-gu Seoul Metropolitan Government (hereinafter “the head of Gangseo-gu”).

B. On October 31, 2007, the head of Gangseo-gu project implementation authorization was granted to the defendant, and on January 23, 2008, the head of Gangseo-gu approved the management and disposition plan of the defendant.

C. The Plaintiff is a person who owns real estate in attached Form 1 located in the instant rearrangement zone.

From November 1, 2012 to November 30, 2012, the Defendant publicly announced the conclusion of a contract for the sale of housing units by setting the period for the application for the sale of housing units as the period for the application for the sale of housing units to December 24, 2012. The Plaintiff did not apply for the sale of housing units within the said period, and the Plaintiff expressed its intent to demand cash settlement without concluding the contract for the sale of housing units even after that period.

E. In order to implement the instant improvement project, on November 2, 2007, the Plaintiff completed the registration of ownership transfer based on the trust with respect to the real estate listed in attached Form 1 to the Defendant (at this point, the real estate listed in attached Form 1 had no registration of any restriction on rights; hereinafter the same shall apply) and delivered it to the Defendant at the same time, and thereafter, on March 5, 2008, the real estate listed in attached Form 1 was based on the contract concluded on March 4, 2008 with the Seoul Southern Southern District Court Registry No. 15240 on March 5, 2008 (15240 on March 5, 2008, the Defendant, the Plaintiff, the National Bank of Korea, the Creditor Co., Ltd. (hereinafter “National Bank”), the maximum debt amount of the Plaintiff’s obligation to collateral security under the instant case was completed (hereinafter “mortgage 36,300,000 won”).

F. The defendant thereafter.

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