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(영문) 서울고등법원 2015.04.10 2014누60513
청산금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant KRW 1,284,60,607 and its 1,268,626 among the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project association established with approval from the head of Gangseo-gu Seoul Metropolitan Government on August 1, 2007 to implement a housing reconstruction project (hereinafter “instant project”) within 31,668 square meters in Gangseo-gu Seoul Metropolitan Government.

B. On October 31, 2007, the head of Gangseo-gu Seoul Metropolitan Government approved the project implementation of the project in this case, and on January 23, 2008, the head of Gangseo-gu Seoul Metropolitan Government approved the management and disposal plan.

C. The Plaintiff is the owner of the land and building indicated in the attached list of real estate in the instant project zone.

(The above building was destroyed on October 2, 2008; hereinafter the above land is referred to as “the instant land”; and the above building is referred to as “the instant building”). D.

From November 1, 2012 to November 30, 2012, the Defendant publicly announced the conclusion of a contract for the sale of land by setting the period for the application for parcelling-out as a cooperative member, and thereafter extended the period to December 20, 2012. The Plaintiff did not apply for parcelling-out within the said period for parcelling-out.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, and Gap evidence 4-7, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion did not apply for parcelling-out within the period of application for parcelling-out, and thus, before being amended by Act No. 12116, Dec. 24, 2013, the former Act on the Maintenance and Improvement of Urban Areas and

c. Article 2 of the former Urban Improvement Act (hereinafter “former Urban Improvement Act”).

(2) The Plaintiff acquired the status of a person subject to cash settlement pursuant to Article 47(1)1 of the Act. Therefore, the Defendant is obligated to pay the liquidation money and any damages for delay thereof to the Plaintiff. (2) The Plaintiff completed the registration of transfer of ownership based on the trust held on November 2, 2007 by the Gangseo-gu District Court of Seoul, Seoul, Seonam District Court No. 70377, Nov. 2, 2007, which received as of the instant land and building.

2. On the other hand, the Plaintiff leased the instant real estate, but on March 30, 2008, the lessee completed the migration and thereafter, objection to the Defendant.

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