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(영문) 서울행정법원 2018.08.23 2018구단63078
기타(손해배상(기))
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, as the project implementer of a housing redevelopment project B (hereinafter “instant project”) with approximately approximately KRW 60,982 square meters in Eunpyeong-gu Seoul Metropolitan Government as a rearrangement zone (hereinafter “instant rearrangement zone”), obtained authorization for the establishment of the association from the head of Eunpyeong-gu Seoul Metropolitan Government on December 18, 2007.

B. The Plaintiff was the Plaintiff’s member, who owned the land, etc. owned the Eunpyeong-gu Seoul Metropolitan Government D large 258С and the said E-road 13С (hereinafter “Plaintiff-owned land”) within the instant improvement zone.

C. On October 22, 2014, the Defendant publicly announced the application for parcelling-out as the period for application for parcelling-out from October 22, 2014 to November 20, 2014.

The plaintiff asserted that the defendant extended the period of application for parcelling-out to December 10, 2014, but there is no evidence to support the application in this case.

Article 47(1)1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “A project implementer shall liquidate in cash land, buildings, or other rights in accordance with procedures prescribed by Presidential Decree within 90 days from the following day of obtaining approval of a management and disposal plan for the land, buildings, or other rights among the Plaintiff and the Defendant, as to a person who fails to apply for parcelling-out, a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out, or a person excluded from the object of parcelling-out under a management and disposal plan approved under Article 48 prior to the expiration of the period for application for parcelling-out.”

However, Article 4 of the Addenda to the above Act (No. 12116, Dec. 24, 2013), "the amended provisions of Section 1 of Article 47," is applicable.

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