Text
1. The plaintiffs' appeal and the preliminary claims added by this court are dismissed, respectively.
2. Appeal costs and interest.
Reasons
1. Basic facts
A. 1) The Defendant removed the building located in the area of 185,269,3 square meters (hereinafter “instant rearrangement project zone”) in Ansan-si, Jeonyang-si (hereinafter “instant rearrangement project zone”) and constructed a new building on the site, thereby contributing to the improvement of the urban and residential environment and the improvement of the residential stability and the quality of residential life of its members (hereinafter “instant redevelopment project”). 2) The Plaintiffs were the owners of the instant real estate located in the instant rearrangement project zone.
B. After the process of the redevelopment and rearrangement project in this case, the Defendant obtained authorization to establish an association on May 29, 2012 from the Ansan market, and authorization to implement the project on June 2, 2015, respectively, and obtained authorization to implement the relevant management and disposal plan on April 22, 2016.
C. The Plaintiffs became cash liquidation agents because they did not apply for parcelling-out within the period of application for parcelling-out.
The Defendant filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal on June 12, 2017, because it did not agree with the Plaintiffs on compensation for losses for the instant real estate, and on July 27, 2017, the said Committee rendered an adjudication that the date of expropriation shall be July 27, 2017 (hereinafter “instant adjudication”).
E. According to the instant judgment, the Defendant deposited KRW 53,483,340 for each of the Plaintiffs and completed compensation, and completed the registration of ownership transfer on July 28, 2017 for the instant real estate on July 27, 2017 (hereinafter “instant registration of ownership transfer”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 6, 12 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs' assertion
A. According to Article 47 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 44(4) of the Defendant’s Articles of Incorporation and Article 47 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”).