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(영문) 서울행정법원 2015.05.21 2014구합69624
보상금증액
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an association established to implement a housing redevelopment improvement project whose project implementation district covers 145,078 square meters in Dongdaemun-gu Seoul Metropolitan Government, and received the application for parcelling-out from the members of the association from November 1, 2007 to December 22, 2007 after obtaining authorization for the implementation of the project from the head of Dongdaemun-gu Seoul Metropolitan Government (the Dongdaemun-gu Seoul Metropolitan Government notification D) on November 1, 2007.

B. At the time of the application for parcelling-out, F, the owner of the building located in the above project district, Dongdaemun-gu Seoul, Dongdaemun-gu E, Seoul (hereinafter “instant land”) and the housing on its ground (hereinafter “instant building”), was applying for parcelling-out to the Defendant on December 7, 2007, which is within the period of application for parcelling-out (from November 2, 2007 to December 22, 2007).

After that, on March 26, 2010, the ownership of the instant land and buildings was transferred to G through auction.

C. On October 27, 2011, the Defendant gave guidance to the members who filed an application for parcelling-out to the period from November 7, 201 to November 16, 201. However, G, which owned the instant land and buildings at the time, did not conclude a contract for parcelling-out within the said period.

After that, on March 27, 2012, the Plaintiff again acquired the ownership of the above land and building at the auction, and on April 17, 2012, sent a written request for adjudication (hereinafter “written request for adjudication of this case”) containing the following matters to the Defendant, which has reached the Defendant on April 18, 201.

On March 27, 2012, the notice of successful bid of the instant land by voluntary auction (Plaintiff) did not enter into a sales contract by November 16, 201, which is the expiration date of the period for the conclusion of the sales contract determined by the Dai Cooperatives.

Therefore, in accordance with Article 44, Paragraph 5, of the articles of association of the Association, the notified person becomes a person subject to cash settlement.

I do not proceed with the basic consultation of liquidation procedures for up to six months, and no application for land expropriation for the determination of liquidation amount is in progress.

The contents of the request for adjudication shall be the name of the project operator.

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