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(영문) 서울행정법원 2016.06.02 2013구합20684
약정금
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The defendant is an organization established by all 65 landowners including the plaintiffs in order to remove the worn-out building of the "G market", which is a conventional market located in Yangcheon-gu Seoul Metropolitan Government, and to build a new main complex building, and obtained authorization for the establishment of the market reconstruction association on January 10, 200 from the head of Yangcheon-gu Seoul Metropolitan Government and obtained authorization for the alteration of the market improvement project association on January 26, 2006.

B. The Plaintiffs were members of the Defendant as co-ownership owners of the Seoul Yangcheon-gu Seoul National Housing Site and its ground buildings. However, the Plaintiffs became eligible for cash settlement because they did not apply for parcelling-out until May 27, 2006, which was the expiration date of the period for application for parcelling-out set by the Defendant, and accordingly, were excluded from eligible buyers of the management and disposal plan approved on December 18, 2008.

C. The Plaintiffs completed the registration of ownership transfer based on the trust on October 4, 2005 or November 14, 2007 with respect to their respective shares in the above site and building, and delivered the part of the Plaintiffs’ possession among the above site and building before the removal of the building on February 2007.

On May 15, 2010, the Plaintiffs filed a lawsuit against the Defendant with the Seoul Southern District Court for the payment of liquidation money. On October 13, 2011, the said court rendered a judgment that the said court shall pay to the Plaintiff A the amount calculated by applying each ratio of KRW 497,70,860, KRW 253,942,730, KRW 252,730 to the Plaintiff C, KRW 92,548,520 to the Plaintiff, KRW 92,548,520 to the Plaintiff D, and each of the above amounts to KRW 92,548,520 to the Plaintiff from May 18, 2009 to October 13, 2011, and KRW 20% per annum from the next day to the date of full payment.

(2010Gahap9734). E

The defendant appealed against the above judgment and filed an appeal with the Seoul High Court on October 28, 2011.

The registration of the establishment of each of the plaintiffs' shares was completed before the date of the closing of argument in the appellate court, but the above appellate court did not cancel the registration of the establishment of each of the above shares.

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