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(영문) 서울고등법원 2020.07.02 2019나2056723
정산금 등
Text

1. The judgment of the first instance, including a claim that was selectively added or expanded in the trial room, is as follows.

Reasons

1. The reasons for the acceptance by the court of first instance are as follows: (a) the part of the claim for damages for delay and the claim for damages for delay from 6.8 to 7.8 is used as follows; and (b) the “decision on the claim for return of provisional payment” are as stated in the reasoning of the judgment of the court of first instance, except for the determination under paragraph (3) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Article 73 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 12116, Dec. 24, 2013) at the bottom of the fourth 4th 7th 5th 6th 7th 5th 6th 6th 6th 6th 6th 6

(b)the following shall be added between five pages 9 and 10:

Article 47 (1) 1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 12116, Dec. 24, 2013); thus, the plaintiffs' rights of the apartment of this case subject to cash settlement should be calculated on the date following the date of authorization of the management and disposal plan, rather than on the date following the expiration of the period of application for parcelling-out, as they are transferred to the building located in the overheated speculative district and are classified as subject to cash settlement only at the stage of authorization of the management and disposal plan. Thus, the plaintiffs' claims that "a person who has not filed an application for parcelling-out or who has withdrawn the application for parcelling-out before the expiration of the period of application for parcelling-out shall not be seen as "a person who is excluded from the object of parcelling-out pursuant to the management and disposal plan which is approved under Article 47 (1) 2." Thus, the plaintiffs' claims for the payment of the principal and interest of the apartment of this case should be additionally calculated on October 26, 2018,2018.6.

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