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(영문) 서울행정법원 2019.10.16 2018구합85808
가산금
Text

1. The defendant stated the plaintiffs in the separate sheet of calculation of additional dues for each plaintiff in the separate sheet of calculation of additional dues.

Reasons

1. Basic facts

A. The defendant is a housing redevelopment and rearrangement project association established on January 13, 2010 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) whose project implementation district covers the Yeongdeungpo-gu Seoul Metropolitan Government Z Zone (hereinafter “instant project”). The plaintiffs are the owners of land and buildings located in the said project implementation district, who were the defendants’ members.

B. The Defendant is the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Yeongdeungpo-gu”) around August 30, 2012, around August 30, 2012.

(2) Upon receipt of an authorization from the head of Yeongdeungpo-gu on April 14, 2016 to May 20, 2016, the Plaintiff received the application for parcelling-out from the members for parcelling-out, setting the period from October 26, 2012 to December 11, 2012. The Plaintiffs did not apply for parcelling-out to the Defendant within the above period. (2) The Defendant obtained authorization from the head of Yeongdeungpo-gu on April 14, 2016 to revise the project implementation plan to increase the building area, floor area ratio, number of households, project cost, etc. of the instant project, and received the application for parcelling-out again to the owners of land, etc., regardless of whether the application for parcelling-out was previously applied for parcelling-out. The Plaintiffs did not apply for parcelling-out within the above period.

C. On October 22, 2013, the Plaintiffs filed a petition for adjudication of expropriation with the Defendant. Accordingly, the Defendant filed an application for adjudication of expropriation of the Plaintiffs’ real estate with the competent local Land Tribunal on June 14, 2016. (2) The Seoul Special Metropolitan City Land Tribunal rendered a adjudication of expropriation on September 30, 2016 that accepting land and obstacles owned by the Plaintiffs and paying compensation for expropriation accordingly (hereinafter “instant adjudication of expropriation”), and 60 days have elapsed from the date the Defendant filed a petition for adjudication with the Plaintiffs.

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