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(영문) 서울행정법원 2016.04.21 2015구합51842
손실보상금 감액청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”) in order to promote a redevelopment project in Mapo-gu Seoul Metropolitan Government as a project zone (hereinafter “instant rearrangement zone”). The Plaintiff obtained authorization to establish a housing redevelopment and rearrangement project association on September 1, 2006.

B. The Defendant is the owner of the attached real estate located within the instant rearrangement zone (hereinafter “instant real estate”), who was the Plaintiff’s member.

C. On August 27, 2007, the Plaintiff received the application for parcelling-out from August 28, 2007 to September 28, 2007 for parcelling-out by publicly announcing the "from August 28, 2007 to September 28, 2007" as the period for application for parcelling-out, and the Defendant applied for parcelling-out on September 6, 2007, which is within the period for application for parcelling-out.

The plaintiff is "the first sale contract period" from August 16, 201 to August 31, 2011.

(2) Although the Plaintiff did not enter into a contract for sale within the first period of the contract for sale in lots, the Plaintiff did not enter into a contract for sale in lots within the period of the contract for sale in lots, and the Plaintiff refused to do so (On the other hand, the Plaintiff received the sale in lots again by setting the period from April 19, 2012 to April 25, 2012 as the period of the contract for sale in lots, and thereafter extended that period until September 14, 2012. The Defendant did not enter into a contract for sale in lots even within the said period.

E) On September 14, 2011, the Defendant filed a lawsuit against the Plaintiff seeking the payment of liquidation money as the Seoul Western District Court 201Kahap11306, Seoul Western District Court. On July 20, 2012, the said court filed a lawsuit against the Plaintiff seeking the payment of liquidation money. The said court issued the settlement money determined through the procedure for the payment of liquidation money for the housing redevelopment project on July 20, 2012.

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