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(영문) 수원지방법원 2018.04.25 2017구단9412
주거이전비등
Text

1. As to the Plaintiff B, the Defendant: (a) KRW 21,441,643 among them and KRW 21,392,239 among them, from December 5, 2017, and the remainder of KRW 49.

Reasons

1. Facts of recognition;

A. The Defendant is an association established on July 26, 201 in order to implement a housing redevelopment project (hereinafter “instant project”) with respect to the housing redevelopment project (hereinafter “instant rearrangement zone”) of the area of 133,418,30 square meters of the enforcement area of the Dongwon in Ansan-si (hereinafter “instant rearrangement zone”).

B. On July 23, 2009, the Gyeyang-si announced the project implementation authorization to the F Public Notice in Ansan-si on September 22, 2015 (hereinafter “instant public announcement”) after granting the project implementation authorization on September 22, 2015.

C. On February 12, 2001, Plaintiff B, a multi-unit housing located in the instant rearrangement zone, acquired the ownership of the building of the 1st underground floor of the G 3rd underground floor (hereinafter “instant building”) in Ansan-si, which was located in the instant rearrangement zone, and did not file an application for parcelling-out and became a person subject to cash settlement. Accordingly, an agreement was concluded on cash settlement (hereinafter “instant agreement”) with the said Plaintiff and the Defendant regarding the appraised value of the instant building at KRW 330,547,67 on April 24, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, 3-3, 5, 8, 9, 10-3, and 13-10, respectively, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion that Plaintiff A actually resided in the first ground housing (hereinafter “instant housing”) in Ansan-si from June 10, 2009 to June 1, 201 on the resident registration basis as H apartment 601, and from June 28, 1983 to July 31, 2017, the date on which the expropriation was decided (hereinafter “instant housing”). As such, the Defendant is obligated to pay the said Plaintiff KRW 5,514,374 to the two household members, including his father J, and KRW 12,00,00,000,000,00 directors (based on appraised value of building 45,930,590,000,000 won).

B. Determination of Plaintiff A is from June 10, 2009 to June 10, 2011.

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