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(영문) 서울행정법원 2015.07.03 2014구합74763
현금청산금 잔금지급청구 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s relation 1) On March 27, 2006, following the public inspection and announcement of the designation of a rearrangement zone, and on October 7, 2006, the housing redevelopment and improvement project (hereinafter “instant project”) is conducted in Seongbuk-gu Seoul Metropolitan Government D Daily 52,245.80 square meters designated as a rearrangement zone.

(2) In order to implement the project, a housing redevelopment project partnership is established upon authorization for the establishment of February 2, 2007. The Defendant was granted authorization for the project implementation of Seongbuk-gu Seoul Metropolitan Government E-mail on May 9, 2008 by the head of Seongbuk-gu Seoul Metropolitan Government, and was subject to authorization for the implementation of the project management plan on February 14, 201. 2) The Plaintiffs were married, and the Plaintiffs were the owners of ① 136m2 in Seongbuk-gu Seoul, Seoul, and ② 4/91m2 in the residential building of the second floor above the above land and ③ G large 301m2 (hereinafter the above building is referred to as the “instant building”; and, as the owners of the above land, the Defendant was the members of the Defendant.

The Plaintiffs filed an application for parcelling-out within the period for filing an application for parcelling-out (from May 26, 2008 to July 14, 2008) publicly notified by the Defendant on May 23, 2008, but did not file an application for alteration within the period for filing an application for alteration of parcelling-out (presidential) publicly notified on July 6, 2012 (from July 11, 2012 to August 10, 2012), thereby becoming an object of cash liquidation on August 11, 2012 following the said period for filing an application for alteration.

3) The Plaintiffs resided in the instant building from around December 5, 2002, and moved to the position of 113 Dong-dong 501, Seongbuk-gu, Seoul, the project implementation district of this case on August 10, 2010. (B) On January 10, 2013, after becoming a person subject to cash settlement, the Plaintiffs entered into a sales contract (hereinafter “instant sales contract”) with the following terms: (a) on January 10, 2013, the following: (b) the purchase price was KRW 429,11,690 for the instant real estate (i) the Defendant and the instant real estate (i.e., the remainder of KRW 257,00,000; KRW 172,11,690 for the remainder of KRW 172,690).

① On October 25, 2010, the buyer shall accept as down payment the amount of KRW 257,000,000 the debt amount of the right to collateral security registered with No. 46495 on the instant real estate.

(2) When any balance is paid, a seller shall be a buyer.

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