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(영문) 서울행정법원 2017.07.20 2016구합82270
청산금지급청구의소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 18, 2006, in order to implement the Housing Redevelopment Improvement Project (hereinafter “instant Redevelopment Project”) in Seongdong-gu Seoul, Seongdong-gu Seoul, the Defendant was a redevelopment and rearrangement project partnership that obtained authorization from the head of Seongdong-gu Seoul Metropolitan Government, and the Plaintiffs, as the Defendant’s members, concluded each sales contract with the Defendant around 2010.

B. On October 17, 2015, the Defendant formulated a plan to revise the management and disposal plan (hereinafter “instant plan to revise the management and disposal plan”). According to the “detailed statement of estimated liquidation amount by subject of sale” in the plan to amend the management and disposal plan of this case, the estimated amount of liquidation money to be sold to the Plaintiff [the difference between the value and rights of the building and site to be sold to the Plaintiff (the assessed value of the previous land x the proportional rate of 80.35%) 14,705,358, and the estimated amount of liquidation money to be sold to the Plaintiff B 351,052,592, and the estimated amount of liquidation money to be received by the Plaintiff C was 471,591,371, and the estimated amount of liquidation money to be received by the Plaintiff D was 358,81,973, and the estimated amount of liquidation money to be received by the Plaintiff 358,81,973, and the estimated amount of liquidation money to be sold to the Plaintiff E 251,2745,275.

C. On March 24, 2016, the instant redevelopment project was announced before March 24, 2016 (hereinafter “instant relocation notification”). D.

On April 25, 2016, after the plaintiffs filed the lawsuit of this case on March 30, 2016, the plaintiffs and the defendant confirmed that the amount of liquidation money to be paid by the defendants is the same amount as the estimated amount of each of the above liquidation money prescribed in the revised management and disposal plan of this case, and entered into an agreement with the principal contents of the agreement on the repayment period of liquidation money and the establishment of right to collateral security (hereinafter "each of the agreements of this case").

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 9 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion.

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