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(영문) 서울행정법원 2016.05.12 2015구합71631
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 20, 2002, the Defendant Cooperative was implementing a housing reconstruction and improvement project after obtaining authorization for establishment from the head of Dongdaemun-gu Seoul Metropolitan Government on August 20, 201 for the re-building of 21 units, including 18 apartment complexes of Q apartment complexes on the ground of 38,026 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, and 24 commercial buildings. On February 27, 2014, the Defendant Cooperative was dissolved as a general meeting resolution on November 26, 2014. The Plaintiff L, M, and N are the successors of the network R who were commercial members, and the rest of the Plaintiffs are part of 24 members of the Defendant Cooperative.

B. On July 1, 2002, the members of the commercial building including the Plaintiffs demanded the Defendant to gratuitously sell the existing commercial building owned by the Plaintiffs and the new commercial building site area as it is, and the Defendant notified the Defendant that he would accept the said request on July 15, 2002 after the resolution of the board of directors on July 12, 2002.

(hereinafter referred to as “instant agreement”). C.

The Defendant Union filed a lawsuit against part of the commercial building members, including the Plaintiffs, for the registration of ownership transfer based on trust (No. 2003Gahap5201). On April 19, 2004, the above court rendered a decision in lieu of conciliation (hereinafter “instant conciliation decision”), and the instant conciliation decision became final and conclusive on May 14, 2004.

3. As to the commercial building newly built and sold by the Defendant Cooperative, the following shall be sold free of charge to the Plaintiffs:

The share of the site area of a building site shall be gratuitously sold as the share of the previous building site (the certified copy of the land register).

(b) The area of a building shall be gratuitously sold, as it is, the area of the previous building;

5. By June 30, 2004, the Plaintiffs shall implement the procedure and order for the transfer registration of ownership to the Defendant Union’s attached real estate by each owner.

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