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(영문) 서울행정법원 2015.12.03 2014구합19308
토지보상금
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiffs' primary claims are dismissed.

3...

Reasons

1. Basic facts

A. On May 18, 2006, the Defendant is a cooperative that obtained authorization from the head of Seongdong-gu Seoul Metropolitan Government on May 18, 2006 for the establishment of a housing redevelopment project to implement a housing redevelopment project whose project district is 69,324 square meters in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant project district”). The Plaintiffs share one half shares of Seongdong-gu Seoul E-gi and its ground buildings located in the instant project area (hereinafter “instant real estate”).

B. The Plaintiffs filed an application for parcelling-out with the Defendant for parcelling-out of apartment and commercial buildings, and the Defendant established a management and disposition plan based on this, and obtained authorization from the head of Seongdong-gu Seoul Metropolitan Government on May 4, 201

C. On August 26, 2010, the Plaintiffs concluded a sales contract with the Defendant by setting the sales price at KRW 635,454,00 for the apartment units to be newly built (206 Dong 610).

On the other hand, on August 10, 2012 and September 10, 2012, the Defendant carried out the allocation of the number of shopping districts units to the members of the commercial building units, and the Plaintiffs were deemed to have renounced the sale of commercial buildings because they did not participate therein.

Article 44 (Application for Parcelling-Out, etc.) (4) A cooperative shall liquidate buildings and other rights in cash within 150 days from the date it falls under any of the following subparagraphs, if a member of the cooperative falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of a Si/Gun.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. A person excluded from objects of parcelling-out according to the authorized management and disposal plan.

Article 59 (Settlement Money, etc.) (1) The price and purchase price of land or building previously owned by a person who has purchased a building site or building shall be determined.

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