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(영문) 서울행정법원 2016.04.21 2015구합75756
손실보상금 감액청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was authorized to establish an association on September 1, 2008 by the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) as a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant rearrangement project”).

B. On October 16, 2009, the Plaintiff obtained authorization for the implementation of the management and disposition plan from the head of Seodaemun-gu, and obtained authorization from the head of Seodaemun-gu on December 8, 2010 from the head of Seodaemun-gu.

C. The Defendants are the owners of the land, etc. located in the instant improvement zone and owned by the Defendants, who were the Plaintiff’s members, as indicated in the “real estate (land) or goods to be expropriated” in the attached list of real estate.

The Plaintiff received the application for parcelling-out from November 2, 2009 to December 4, 2009 by applying for parcelling-out as the period for application for parcelling-out, the two-lane “from December 7, 2009 to December 30, 2009” as the period for application for parcelling-out, and the three-lane “from January 8, 2010 to January 27, 2010” as the period for application for parcelling-out as the period for parcelling-out.

E. The Defendants filed an application for parcelling-out within the period for the above application for parcelling-out, but subsequently withdrawn the application for parcelling-out.

(1) On November 25, 201, Defendant E sent a certificate of contents to the Plaintiff Association and expressed its intention to withdraw the application for parcelling-out, and Defendant B expressed its intent to waive the sale of goods to the Plaintiff Association and request cash settlement before August 12, 2011, and Defendant C and D expressed their intent to withdraw the application for parcelling-out. (f) The Plaintiff announced the conclusion of the contract for parcelling-out as the period for concluding the contract for parcelling-out between September 13, 2012 and September 17, 2012. The Defendants did not conclude the contract for parcelling-out within the above period, and all the Defendants expressed their intent to demand cash settlement without concluding the contract for parcelling-out, even after the Plaintiff.

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