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(영문) 서울행정법원 2018.01.12 2017구합73099
공탁된 수용보상금에 대한 가산금 청구의 소
Text

1. The defendant shall pay to the plaintiffs the amount of each claim stated in the attached Table 2 attached hereto and shall be paid in full from August 24, 2017.

Reasons

1. Basic facts

A. The Defendant was granted project implementation authorization pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Land Compensation Act”) and publicly notified by Seongdong-gu as the Housing Redevelopment Development and Improvement Project Association (hereinafter “Housing Redevelopment and Improvement Project Association”) pursuant to the Seongdong-gu Public Notice B ( August 10, 2007), and implemented the Housing Redevelopment and Improvement Project of Seongdong-gu Seoul Metropolitan Government as the project implementation district.

The plaintiffs are the owners of land and buildings located in the project implementation district and are the defendant's members.

B. The defendant on August 14, 2007 determined and announced the application for parcelling-out as the period for applying for parcelling-out as "from August 14, 2008 to September 13, 2008" and the plaintiffs applied for parcelling-out within the above period.

C. Since June 11, 2012, the Defendant announced that “from June 21, 2012 to June 24, 2012,” the period of concluding a sales contract, which covers “from June 21, 2012 to June 24, 2012,” the Plaintiffs did not conclude a sales contract within the said period.

Although the defendant extended the period of concluding a sales contract several times, the plaintiffs did not conclude a sales contract with the defendant until April 30, 2013, which is the expiration date of the last extended period of sales contract.

The filing date of an application for adjudication is D, E, F, G, H, and I on June 28, 2012, J, K, L on September 6, 2013, N on September 6, 2013, N, Nov. 22, 2013, P on November 1, 2013.

The Plaintiffs filed an application for each acceptance ruling with the Defendant as follows:

E. On June 24, 2014, the Defendant applied for the adjudication of expropriation of the Plaintiffs’ real estate to the Seoul Special Metropolitan City Regional Land Tribunal. On October 24, 2014, the Seoul Special Metropolitan City Regional Land Tribunal rendered the adjudication of expropriation with the purport that the Plaintiff would expropriate the Plaintiffs’ real estate and pay the compensation for expropriation accordingly. ② On December 19, 2014, the Defendant’s adjudication of expropriation with the purport that the sum of compensation for losses (additional charges under Article 30(3) of the Land Compensation Act) that the Defendant would pay to the Plaintiffs due to the delay in application for adjudication is KRW 2,035,209,120 as follows.

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