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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. The Plaintiff is a housing redevelopment and consolidation project association under the Act on the Maintenance and Improvement of Urban Areas and Residential Environments for which the head of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Yongsan-gu”) has obtained authorization to establish a housing redevelopment project for a housing redevelopment project for a zone A with a size of 10,030 square meters
B. On February 11, 2014, the Plaintiff obtained authorization from the head of Yongsan-gu Office for a management and disposal plan for a housing redevelopment project in a zone A, and on February 12, 2014, the management and disposal plan was publicly notified.
C. The Defendant owned the land and above ground buildings (hereinafter “instant building”) located within the Plaintiff’s rearrangement project zone, and occupied the objects indicated in the attached Table 2 (hereinafter “instant objects”) on the ground of the above land. The Defendant became subject to cash settlement under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents because it did not apply for parcelling-out within the period of application for parcelling-out.
On February 27, 2015, the Plaintiff filed an application with the competent local Land Tribunal for adjudication of expropriation on the ground that consultation on the purchase of the instant site, building, etc. was not reached between the Defendant, who is the person subject to cash settlement, and the said Land Tribunal rendered an adjudication of expropriation on the ground that “the Plaintiff shall expropriate and transfer the instant real estate for a housing redevelopment improvement project in the zone A, and the goods shall be transferred; the compensation for the instant building shall be KRW 655,32,540; the compensation for the damages for the instant building shall be KRW 93,201,720; and the compensation for the instant building shall be KRW 138,00,000; the starting date of the expropriation shall be April 17, 2015.”
E. Accordingly, the Defendant reserved an objection on April 13, 2015, and received total of KRW 748,662,260 from the Plaintiff.
[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1 through 7 (Evidence No. 1) shall include each number, and all pleadings.