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(영문) 서울행정법원 2016.12.08 2016구합69574
청산금
Text

1. The defendant shall start on March 26, 2016 with respect to the money of KRW 809,66,224 to the plaintiff A, KRW 284,149,440 to the plaintiff B and each of the above money.

Reasons

1. Basic facts

A. The defendant is the redevelopment and rearrangement project partnership that was authorized by the head of Seongdong-gu Seoul Metropolitan Government on May 18, 2006 to implement the housing redevelopment and rearrangement project (hereinafter “instant redevelopment project”) in Seongdong-gu Seoul Metropolitan Government D, and the plaintiffs are the members of the defendant.

B. On August 26, 2010, Plaintiff A entered into a sales contract with the Defendant on August 28, 2010, and Plaintiff B entered into each sales contract with the Defendant.

C. 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 instant plan to revise the management and disposal plan, 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 x the proportional rate of 80.35%) was KRW 1,300,632,519, and the estimated amount of liquidation money to be sold to the Plaintiff B was KRW 624,341,769.

On November 4, 2015, the Plaintiffs filed a lawsuit against the Defendant seeking partial payment of liquidation money under Article 57 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) (Seoul Administrative Court Decision 2015Guhap12014, hereinafter “Prior Case”), and the Defendant issued a transfer announcement as to the instant redevelopment project on March 24, 2016 (hereinafter “instant transfer announcement”).

E. On April 25, 2016, the Plaintiffs and the Defendant drafted a written agreement to confirm that the amount of liquidation money to be paid by the Plaintiffs from the Defendant is the same as the estimated amount of each of the above liquidation money to be received by the Plaintiffs as stipulated in the instant management and disposition modification plan (hereinafter “each of the instant agreements”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, Eul evidence No. 2 and the purport of whole pleadings

2. Determination as to the cause of action

A. The summary of the plaintiffs' assertion is the management and disposition plan of this case.

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