logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.23 2016가단22410
지연가산금
Text

1. The Defendant’s KRW 15,675,131 as well as the Plaintiff’s annual rate from August 18, 2016 to August 23, 2017.

Reasons

1. Basic facts

A. On September 1, 2008, the defendant was authorized to establish a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in a B rearrangement zone (hereinafter “instant rearrangement project”) with Seodaemun-gu Seoul Seoul metropolitan improvement zone as the rearrangement zone (hereinafter “instant rearrangement zone”), and the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”), and the plaintiff is the owner of real estate located in the instant rearrangement zone.

On October 16, 2009, the defendant has obtained authorization for project implementation from the head of Seodaemun-gu, and obtained authorization for the management and disposal plan from the head of Seodaemun-gu on December 8, 2010 from the head of Seodaemun-gu.

On January 4, 201, the Defendant concluded a business agreement with the Industrial Bank of Korea and Daewoo Construction Co., Ltd., a contractor, on matters necessary for promoting relocation expenses for the Defendant’s members. At the time of August 7, 2012, the Industrial Bank of Korea extended KRW 139,000,000 to the Plaintiff, who completed the application for parcelling-out within the period of application for parcelling-out under the instant improvement project (from November 2, 2009 to January 27, 2010), as of August 7, 2012.

However, the Plaintiff did not enter into a contract for sale to the extent that the period for concluding the contract for sale (from September 13, 2012 to September 17, 2012) expires, and became an object of cash settlement. On May 27, 2013, the Plaintiff requested the Defendant to file an application for adjudication of expropriation.

On May 12, 2015, the Plaintiff filed an application with the Seoul Special Metropolitan City Regional Land Tribunal for adjudication of expropriation of real estate owned by the Plaintiff. On July 24, 2015, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication of expropriation of the Plaintiff’s compensation of KRW 470,947,640 (hereinafter “instant compensation”) and September 11, 2015 (hereinafter “instant adjudication of expropriation”).

In the above compensation, the defendant did not apply for the adjudication of expropriation within 60 days from the date of the request for the adjudication of expropriation.

arrow