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(영문) 서울행정법원 2017.07.07 2015구합71372
현금청산금 청구의 소
Text

1. The Defendant-Counterclaim Plaintiff’s share of 1/2 of the real estate indicated in the separate sheet from the Plaintiff-Counterclaim Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant is the owner of the land, etc. who owned 1/2 shares of the instant real estate in the instant rearrangement zone after obtaining authorization from the head of Gangdong-gu Office on May 27, 2010 to implement the housing reconstruction improvement project (hereinafter “instant rearrangement project”) in Gangdong-gu Seoul Metropolitan Government D (hereinafter “instant rearrangement zone”).

B. The Defendant received project implementation authorization from the head of Gangdong-gu Office on September 5, 2012.

From November 24, 2014 to January 23, 2015, the Defendant received an application for parcelling-out from a cooperative member, and extended the period from January 24, 2015 to February 12, 2015.

The plaintiffs did not apply for parcelling-out within the above period of application for parcelling-out, including extended period.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, and the purport of whole pleading

2. The parties' assertion

A. The plaintiffs asserted that they were eligible for cash settlement because they did not apply for the application for parcelling-out within the period of application for parcelling-out, so the defendant is obligated to pay the liquidation money to the plaintiffs at the same time with the implementation of the procedure for transfer of ownership due to cash settlement of the real estate of this case and the transfer of the

The amount of liquidation money shall be KRW 258,00,000, which has appraised the market price of the real estate in this case as of February 13, 2015, following the date following the end of the period for application for parcelling-out by an appraiser E.

B. The plaintiffs who became eligible for cash settlement because they failed to file an application for parcelling-out within the period of application for parcelling-out by the defendant shall pay the liquidation money from the defendant, and simultaneously implement the procedure for the registration of ownership transfer of each real estate of this case and deliver the real estate

According to Article 45 (4) of the defendant's articles of incorporation, at least two appraisers recommended by the head of Gangdong-gu.

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