logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.21 2015누44822
현금청산 청구의 소
Text

1. Of the judgment of the first instance, the part against the Plaintiffs other than Plaintiffs H, I, C, and D is modified as follows.

Reasons

1. The reasoning for this part of the judgment of the court is as stated in the relevant part of the reasoning of the judgment of the court of first instance (as stated in the judgment of the court of first instance, from 4th to 11th to 4th, and the relevant Acts and subordinate statutes), and thus, this part of the facts are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Formation and scope of obligation to pay the settlement money;

A. Under Article 47(1)1 of the Urban Improvement Act, when the owner of a plot of land, etc. does not apply for a parcelling-out or withdraws an application for a parcelling-out, the project implementer shall liquidate in cash land, buildings, or other rights within 150 days from the “date falling under such application”. Here, when the project implementer does not apply for a parcelling-out or withdraws an application for a parcelling-out before the expiration of the period for the parcelling-out, the time when the payment of liquidation money takes place for the owner of a plot of land, etc. who did not enter into the contract before the expiration of the period for the parcelling-out application is “the day following the expiration of the period for the parcelling-out application” as determined by the project implementer pursuant to Article 46 of the Urban Improvement Act. The time when the payment of liquidation money takes place for the person who did not enter into the contract after the expiration of the period for the parcelling-out application is “the day following the completion of the period for the parcelling-out contract as determined by the Management and Disposal Plan” (see Supreme Court Decision 2008Da14714,275, Feb. 14, 2014, respectively.

arrow