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(영문) 서울행정법원 2014.06.19 2013구합55994
매매대금
Text

1. Of the instant lawsuit, the part of the Plaintiff’s primary claim and the Plaintiff’s primary claim related to the cash settlement money.

Reasons

1. Basic facts

A. Status 1) The Defendant is the party to the redevelopment and improvement project of housing in Seongbuk-gu Seoul Metropolitan Government D D (hereinafter “instant project”).

In order to implement the project, the Seongbuk-gu project implementation authorization was publicly announced E on June 1, 2012, and the Plaintiffs are the housing redevelopment and rearrangement project partnership, and the land indicated in the separate sheet (hereinafter “instant land”) located within the instant project zone.

(A) the building and its ground buildings (hereinafter referred to as “instant building”).

2) The Plaintiff B operated the restaurant business in the name of “F” on the first and second floors of the instant building.

On the other hand, the plaintiffs were residing in the third, fourth and rooftop of the above building with two children.

B. 1) The Plaintiffs did not file an application for parcelling-out within the period of application for parcelling-out (from July 2, 2012 to July 31, 2012, and from August 1, 2012 to August 20, 2012) notified by the Defendant. 2) The Defendant set the period of consultation as from January 21, 2013 to February 28, 2013. The Defendant sent a written request for compensation consultation to the Plaintiffs on January 17, 2013, but the Plaintiffs rejected consultation on the ground that the amount presented by the Defendant in the said written request for compensation consultation was insufficient, and on February 26, 2013, the Defendant filed an application for settlement (2013 money9198) with the Seoul Central District Court for cash settlement (hereinafter referred to as the “Defendant”).

C. On April 23, 2013, the Defendant (referring to the instant building and other things) on the land of this case and its ground.

hereinafter “the instant obstacles”. The instant obstacles, including the instant land and the instant obstacles, shall be referred to as “the instant real estate”

The Seoul Special Metropolitan City Regional Land Tribunal(hereinafter referred to as "the first expropriation ruling") on July 19, 2013 when applying for the adjudication of expropriation, etc.

Although the Defendant did not deposit the expropriation compensation by September 6, 2013, which is the starting date of expropriation, the first expropriation ruling became effective. 2) The Defendant did not deposit the expropriation compensation by September 6, 2013.

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