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(영문) 서울행정법원 2019.07.24 2017구단78936
손실보상금
Text

1. The Defendant’s KRW 33,064,930 as well as 5% per annum from November 19, 2016 to July 24, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On October 30, 2006, the defendant is a housing redevelopment project partnership that obtained authorization to implement a housing redevelopment project from the head of Yangcheon-gu Seoul Metropolitan Government Office on October 30, 2006, and the plaintiff is the owner of a sectioned building located in the above rearrangement zone.

B. The project implementation authorization of this case and the first application period for the application for parcelling-out (1) The Defendant obtained the project implementation authorization from the head of Yangcheon-gu Office on December 18, 2009, whose project implementation period is 52 months from the date of authorization for the project implementation (hereinafter “project implementation authorization of this case”), and the head of Yangcheon-gu Office announced it on December 21, 2009.

(D) (2) The Plaintiff became a person subject to cash settlement because it did not apply for the application for parcelling-out to the Defendant from September 8, 2010 to November 28, 2010 (hereinafter “instant first application period”) for parcelling-out as determined by the Defendant for parcelling-out (including an extension period).

C. On February 28, 2011, the Defendant changed the existing project implementation plan to the extent that the project implementation period is 52 months from the date of authorization for the project implementation (hereinafter “approval for the first project implementation of this case”), and the head of Yangcheon-gu publicly notified on March 7, 201, by the head of Yangcheon-gu.

(2) On May 4, 2015, the Defendant changed the project implementation plan again, and obtained from the head of Yangcheon-gu Office the authorization for the change of the project implementation (hereinafter “instant authorization for the second project implementation”) that is “60 months from the date of the public announcement of the authorization for the change of the project implementation,” and on May 7, 2015, the head of Yangcheon-gu Office publicly announced the change on May 7,

(F) (3) The defendant has re-designated the period for application for parcelling-out (including the extended period) as from May 18, 2015 to July 3, 2015 (hereinafter “instant period for the second application for parcelling-out”); and the defendant has not applied for parcelling-out during the period for the second application for parcelling-out.

(b) acceptance ruling;

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