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(영문) 서울행정법원 2012.07.05 2011구합33457
손실보상금등청구
Text

1. The defendant shall pay to the plaintiff A 69,416,100 won, 56,988,500 won to the plaintiff B, and 107,654,400 won to the plaintiff C and each of the above amounts.

Reasons

1. Details of ruling;

A. The Defendant is a housing redevelopment and rearrangement project association established on June 27, 2007 with approval from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “head of Seongdong-gu”) for the implementation of the D Housing Redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose project area covers 136,310 square meters in Seongdong-gu Seoul, and the Plaintiffs are owners of each land indicated in the “owned land” column within the instant rearrangement project zone (hereinafter referred to as “each land of this case” and the individual land is specified by the sequence) and obstacles.

A-owned land No. 1 Seoul Seongdong-gu 2, Seongdong-gu, Seongdong-gu 2, Seongdong-gu 288С B 3, Seongdong-gu, Seongdong-gu, 179§³ 4, Seongdong-gu, Seongdong-gu, Seongdong-gu, Seoul, J 5, Seongdong-gu, Seongdong-gu, Seongdong-gu, 493С 6, Seongdong-gu, Seongdong-gu, Seoul, 83§³.

B. On October 12, 2007, the Defendant obtained the authorization for the implementation of the instant rearrangement project from the head of Seongdong-gu, and the head of Seongdong-gu, Seoul Metropolitan Government publicly notified the said authorization as L on October 15, 2007.

C. On October 16, 2007, the defendant announced the application for parcelling-out as to the rearrangement project of this case, and received the application for parcelling-out from that time to November 14, 2007, and the plaintiffs filed the application for parcelling-out to the defendant within the above period of application for parcelling-out.

After that, the plaintiff B submitted a document around December 22, 2008, the plaintiff A around December 23, 2008, and the plaintiff C around October 13, 2009, to the defendant that the previous application for parcelling-out is withdrawn and that he is given consent to cash settlement.

Accordingly, around January 9, 2009, the Defendant sent to the Plaintiff A and B, and around October 14, 2009, the data on the “information on the amount of liquidation subject to cash settlement” to inform the Plaintiff C of the amount of rights of the previous assets.

E. The plaintiffs sent a written request to the defendant for an acceptance ruling at each of the following dates, and the "delivery Date" of the same Table is stated on each of the relevant dates.

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