1. The Defendant shall pay to the Plaintiff KRW 55,976,504 and the interest rate of KRW 15% per annum from October 25, 2018 to the date of full payment.

Basic Facts

The defendant is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment Improvement Project Association which has received authorization from the head of Seongbuk-gu Seoul Metropolitan Government on March 5, 2009 for the establishment of the association for the implementation of housing redevelopment improvement project (hereinafter referred to as the "project of this case") and the project implementation authorization on June 20, 2013, respectively.

The Plaintiff was an association member of the Defendant as the owner of the land in the instant project zone, but became a person eligible for cash settlement because he/she failed to apply for parcelling-out within the period of application for parcelling-out (from February 2, 2015 to April 22, 2015).

On October 25, 2016, the Defendant (hereinafter “Local Land Tribunal”) filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Local Land Tribunal (hereinafter “Local Land Tribunal”). On November 25, 2016, the local Land Tribunal dismissed the Plaintiff’s application on the ground that “The written appraisal submitted by the Plaintiff is the previous asset assessment report as of June 20, 2013, which is the date of authorization for project implementation, and there was no appraisal conducted by the Plaintiff for liquidation, and even though the Plaintiff requested submission of the individual land (goods), the details of consultation, and the details of delivery, etc., the Plaintiff did not comply with it, and thus, the Plaintiff did not undergo a faithful consultation procedure.”

(hereinafter “instant rejection ruling”). On May 29, 2017, the Defendant, while conducting appraisal and consultation for cash liquidation, did not reach an agreement, filed an application for re-acceptance ruling with the local Land Tribunal (hereinafter “the second application for adjudication”).

On August 25, 2017, local Land Tribunal rendered a ruling of acceptance (hereinafter “instant ruling”) with respect to the Plaintiff, as follows:

The defendant was served with the original copy of the written adjudication of this case on September 6, 2017.

The date of commencement of expropriation: 8,473,500 square meters (road part) of Seongbuk-gu D 550 square meters (road part) for compensation for losses in Seongbuk-gu 1,570,250,000 Seongbuk-gu D 9 square meters (road part) for the indication of land to be expropriated and to be transferred on October 20, 2017: 1,281,000 square meters for Seongbuk-gu E 305 square meters.