logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.09.05 2014누40939
주거이전비등
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for this case is as follows, except for the addition of the following judgments, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The defendant asserts that the plaintiffs are not eligible for cash settlement under the Public Works Act or the articles of incorporation of the defendant association because they have withdrawn the application for parcelling-out after the expiration of the period for application for parcelling-out.

According to Article 47 subparagraph 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012), a project implementer for a housing redevelopment improvement project shall liquidate land, buildings or other rights in cash to the owners of land, etc. who have withdrawn the application for parcelling-out according to the procedures prescribed by the Presidential Decree within 150 days from the "date falling thereunder". The "person who has withdrawn the application for parcelling-out" refers to the person who has withdrawn the application for parcelling-out within the period for parcelling-out within the period for application for parcelling-out and has withdrawn it before

However, where the articles of incorporation or management and disposal plan of a project implementer requires members to conclude a contract for parcelling-out within a certain period after the completion of the contract for parcelling-out, and the purpose of the contract is to liquidate its rights in cash for the land owners, etc. who were members of the project implementer, it is additionally given an opportunity to leave the project by refusing to conclude the contract for parcelling-out within the relevant period, so the owner of the land, etc. who applied for parcelling-out does not conclude the contract for parcelling-out within the execution period after the completion of

arrow