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(영문) 서울행정법원 2015.01.09 2014구합6227
주거이전비등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,937,750 to the Plaintiff (Counterclaim Defendant) and its amount from August 29, 2013 to January 9, 2015.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established on February 11, 2010 after obtaining authorization for the establishment of a housing redevelopment and rearrangement project (hereinafter “instant project”) on February 3, 2010, to implement the housing redevelopment and rearrangement project for 38,343 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter “the head of Mapo-gu”).

B. On November 30, 201, the Defendant received authorization to implement the instant project from the head of Mapo-gu Office, and on December 8, 201, the authorization to implement the instant project was publicly notified D of Mapo-gu Seoul Metropolitan Government.

After July 24, 2012, the defendant obtained authorization from the head of Mapo-gu on the management and disposal plan of the project in this case, and the head of Mapo-gu publicly announced the contents of the above management and disposal plan E on July 26, 2012.

C. The Plaintiff was the owner of Mapo-gu Seoul Metropolitan Government F.102 square meters (hereinafter “instant land”) in the instant project zone and of a multi-family house of 56.73 square meters (1 household) with the second floor of 1st floor of 56.73 square meters of multi-family house with the second floor, and a multi-family house of 27.34 square meters of 27.34 square meters (hereinafter “instant building”) within the instant project zone, but was the Defendant’s member. However, the Plaintiff filed an application for parcelling-out with the Defendant for parcelling-out and withdrawn it during the period of withdrawal of the

On February 22, 2013, the Plaintiff entered into a contract with the Defendant for the acquisition of a purchase price of KRW 500,000,000 with respect to the instant land and building pursuant to Article 17 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), and completed the registration of ownership transfer on April 11, 2013 for the acquisition of a public site on February 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1 to 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination as to the claim on the principal lawsuit

A. The plaintiff.

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