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(영문) 대구지방법원포항지원 2017.05.16 2014가단817

청산금

Text

1. The Defendants’ respective corresponding money and each of the above money listed in the separate sheet to the Plaintiff from April 1, 2011 to April 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a land readjustment project in the area A (hereinafter referred to as the “land readjustment project in this case”) at port, and obtained authorization for establishment on June 8, 1998. On the same day, the Plaintiff is a co-owner who owned one-third of each of the 1/3 shares of the 1,25 square meters of the North-gu Seoul Metropolitan City CB river in the area where the land readjustment project in this case was implemented by the Gyeongbuk-gu Do Governor at port and in the period of implementation of the project from January 5, 1999 to December 30, 2007.

B. On January 12, 201, the Plaintiff obtained authorization for change of the land substitution plan of the instant land readjustment project from the Mayor/Do Governor of Gyeonggi-do, and publicly announced land substitution disposition on the 25th of the same month.

C. The network BZ and the network CA received a substitute lot of 226.3 square meters from the North-guCC at the port under the above replotting disposition. According to the above replotting disposition, the right area should be 90.0 square meters (i.e., 175 square meters - 85.0 square meters) with the application of the reduction rate for the land prior to replotting, but the right area should be 90.0 square meters (i.e., 175 square meters - 85.0 square meters) but there was a substitute lot of 226.3 square meters and the excessive area of 136.

Accordingly, the Plaintiff imposed a settlement money of KRW 61,335,00 (calculated as KRW 450,000 per square meter) on the excessive area of the above 136.3 square meters, and notified the net BZ and the net CA of the payment of the settlement money, but the settlement money was not paid so far.

E. Meanwhile, the net BZ died on October 8, 1962; the network CA died on May 3, 1967; and the inheritance relationship between the network BZ and the network CA is as stated in the attached Form “the inheritance share of the heir of the net BZ” and “the inheritance share of the heir of the net CA”.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Article 52 of the former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 2000; hereinafter “Act”) provides substitute land or determines it.