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(영문) 서울행정법원 2018.02.08 2017구합58779
수용가산금채무 부존재 확인 청구의 소
Text

1. On January 20, 2017, the local Land Tribunal against the Defendants based on the adjudication of acceptance by the Plaintiff on January 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff obtained authorization for the establishment of April 29, 2008 from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with a size of 77,839.50 square meters in Seodaemun-gu, Seoul as a rearrangement zone (hereinafter “instant rearrangement zone”).

B. The Defendants are owners of the land and obstacles listed in the attached Table 1 (hereinafter “each of the instant land and obstacles”).

C. On June 24, 2009, the Plaintiff received an application for parcelling-out from September 1, 2009 to October 10 of the same year after obtaining authorization for the implementation of the project from the head of Seodaemun-gu, and thereafter extended the period of application for parcelling-out from October 15, 2009 to November 4, 2009 (hereinafter “former application for parcelling-out”), and the Defendants filed an application for parcelling-out within the previous application period for parcelling-out.

On April 9, 2010, the Plaintiff: (a) held a general meeting on April 9, 201, and formulated a management and disposal plan that recognizes the Defendants as eligible for sale (hereinafter “previous management and disposal plan”); and (b) obtained authorization from the head of Seodaemun-gu on June 22, 201 from the head of

E. On December 27, 2013, the Plaintiff changed the existing project implementation plan to be newly constructed on December 27, 2013, and obtained authorization for change of the project implementation plan (hereinafter “instant project implementation change plan”) with respect to which the size of multi-family housing is changed mainly from the middle-sized square to the middle-sized square. On March 17, 2014, the Plaintiff sent to its members a notice of “information on the application for change of the class of members” and announced the details thereof from March 17, 2014 to March 17, 2014.

4. By no later than 15, an application was filed pursuant to the foregoing guidance (hereinafter “instant application”).

3. The members who did not apply within the period for filing an application for alteration of a gold-line shall assign a balanced sentence close to the existing details of the application for parcelling-out.

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