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(영문) 서울고등법원 2013.07.04 2012나70687
환매권의 통지절차이행등
Text

1. Of the judgment of the first instance, the part of the Plaintiff’s claim for the performance of the notification procedure for the repurchase right shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. On August 5, 200, the Mayor of the Seoul Special Metropolitan City publicly announced I on August 5, 200 to install urban planning facilities (waste disposal facilities) on the 11,959 square meters in Eunpyeong-gu Seoul Special Metropolitan City JJ, and included the instant real estate 1, 2, and 3 real estate (hereinafter referred to as “each of the instant real estate”) in the said business area.

B. On October 25, 200, the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) approved and publicly announced an implementation plan for an urban planning project (waste disposal facilities) (hereinafter “instant waste disposal facilities installation project”) that intends to construct “L” on the daily scale 11,959 square meters of Eunpyeong-gu Seoul Metropolitan Government as KK publicly announced on October 25, 200, and the head of Eunpyeong-gu was designated as the implementer of the said project.

C. The Defendant completed the registration of ownership transfer on the instant real estate No. 1 owned by the Plaintiff, with Seoul Western District Court No. 68844, Dec. 3, 2001, which was accepted on Dec. 3, 2001, due to expropriation ruling on Nov. 30, 2001.

The Defendant completed the registration of transfer of ownership on the real estate 2 and 3 of the Plaintiff B, C, D, E, F, G, and H ownership (Plaintiff B owned 3/11 shares, Plaintiff C, and H shares, 2/11 shares, Plaintiff D, E, E,F, and 1/11 shares, respectively) on December 3, 2001, as the receipt of No. 68843, Nov. 301, 201, each of which was made on November 30, 2001.

E. On February 25, 2004, the Mayor of Seoul Special Metropolitan City publicly announced on Ma-ro, Seoul, NO, P daywon 3,495,248 square meters, pursuant to Articles 3 and 4 of the former Urban Development Act (amended by Act No. 7335, Jan. 14, 2005; hereinafter “former Urban Development Act”), approved the designation and development plan of an urban development zone (name: Q urban development zone; hereinafter “instant urban development project”), and publicly notified the designation and development plan of the urban development zone (the name: Q urban development zone; hereinafter “instant urban development project”). The Joint Defendant Este (hereinafter “EM”) of the first instance trial of this case was designated as an implementer of the said urban development project.

F. The urban development project of this case is implemented.

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