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(영문) 서울고등법원 2020.11.11 2018누34512
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases (attached Form 2 and 3 of the judgment of the court of first instance), Article 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act.

The "this court" at the bottom of 3 pages shall be regarded as the "first instance court".

From the 6th parallel parallel to the 3rd parallel of the 10th parallel parallel of the 6th parallel of the earth as follows:

According to Article 47 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, even if the owner of a plot of land, etc. has become an association member through the provisions of the Act on the Maintenance and Improvement of Urban Areas and Establishment, where the application for parcelling-out is not made within the period of application for parcelling-out or the application for parcelling-out has been withdrawn within the period of application for parcelling-out, but is excluded from the object of parcelling-out according to the authorized management

Accordingly, the settlement money to be paid by an association that is a project implementer within 150 days from the date on which the cause for cash settlement occurred is the consideration for investment in the previous assets of the owners of land, etc., and 150 days is the implementation period.

The latter part of Article 587 of the Civil Act provides, “The buyer shall pay the interest of the price from the date of delivery of the object, unless there is a deadline for the payment of the price.”

Therefore, whether a union is liable for delay for failure to pay cash settlement money within the period for payment of cash settlement money under Article 47 of the former Act (150 days from the day after the occurrence of the cause for cash settlement) should be determined by comparing the timing of investment by the owner of a plot of land or structure with the time of actual payment of cash settlement money.

In other words, while owners of land, etc. maintain their status, they continue to occupy the previous assets without investing them.

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