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(영문) 서울행정법원 2016.07.08 2015구합12014
청산금청구
Text

1. The Defendant’s each of the Plaintiffs’ KRW 201,00,000, and 5% per annum from March 26, 2016 to July 8, 2016, respectively.

Reasons

1. Basic facts

A. The defendant is the redevelopment and rearrangement project partnership that was authorized by the head of Seongdong-gu Office on May 18, 2006 to implement the housing redevelopment and rearrangement project (hereinafter “instant redevelopment project”) in Seongdong-gu Seoul Metropolitan Government D (hereinafter “instant redevelopment project”), and the plaintiffs are the members of the defendant.

B. On August 26, 2010, Plaintiff A entered into a sales contract with the Defendant on August 28, 2010, and Plaintiff B entered into each sales contract with the Defendant.

C. On October 17, 2015, the Defendant formulated a plan to revise the management and disposal plan (hereinafter “instant management and disposal plan”). According to the “detailed statement of estimated liquidation amount for each subject of sale” in the instant management and disposal plan, the estimated amount of liquidation money to be sold to the Plaintiff [the difference between the value and rights of the building and site to be sold to the Plaintiff x the proportional rate x 80.35%) was KRW 1,300,632,519, and the estimated amount of liquidation money to be sold to the Plaintiff B was KRW 624,341,769.

On November 4, 2015, the Plaintiffs filed the instant lawsuit against the Defendant seeking partial payment of the liquidation money under Article 57 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On March 24, 2016, the Defendant issued a transfer announcement regarding the instant redevelopment project (hereinafter “instant transfer announcement”).

E. On April 25, 2016, the Plaintiffs and the Defendant drafted a written agreement with the main content that confirms that the amount of liquidation money to be paid by the Plaintiffs from the Defendant is the same as the estimated amount of each of the above liquidation money to be received by the Plaintiffs as stipulated in the instant management and disposition plan (hereinafter “each of the instant agreements”).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 3, 6, 7, Eul's 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The amount of liquidation money against the defendant calculated in accordance with the management and disposal plan of the plaintiffs' assertion = the value of the previous land and buildings ¡¿ proportional ratio.

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