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(영문) 서울행정법원 2018.01.26 2017구합7375
청산금 지연이자 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 5, 2009, the Defendant completed the registration of incorporation on June 9, 2009, as the redevelopment association, which was authorized by the head of Nowon-gu in Seoul Special Metropolitan City (hereinafter “the head of Nowon-gu”) on June 5, 2009, for the purpose of implementing the housing redevelopment improvement project.

B. On November 6, 2014, the Defendant received an application for parcelling-out from January 15, 2015 to March 2, 2015 for its members after obtaining project implementation authorization from the head of Nowon-gu, and extended the application period for parcelling-out on March 3, 2015 to March 22, 2015.

C. The Plaintiff was an owner of land or building incorporated into the above rearrangement project zone and was in the status of the Defendant’s partner. The Plaintiff did not apply for parcelling-out within the period of application for parcelling-out in accordance with the Defendant’s public announcement of the application for parcelling-out and public announcement of extension of the application for parcelling-out, thereby losing its membership on March 23, 2015 and became a person subject to cash settlement under Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 20

The defendant set up a management and disposal plan that designates the plaintiff as a person subject to cash settlement and obtained approval from the head of Nowon-gu on November 14, 2016.

After calculating the total amount of compensation to the Plaintiff as KRW 571,69,030, the Defendant deposited it on August 11, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. Article 44 of the Articles of the alleged defendant's articles of incorporation provides that the members of the association shall pay the interest (the deposit interest rate of the Si bank) to the owners of the relevant land, etc. in case where the applicants for parcelling-out are liquidated in cash within 150 days following the expiration date of the period for application for parcelling-out and do not settle in cash within that period.

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