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(영문) 부산고등법원 2014.12.19 2014누22052

이주정착금등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Judgment on the Defendant's defense prior to the merits of the judgment of the court of first instance" in Part 4, 3, and 6 of Part 2 of Part 4, 3, 6, "Judgment on the Defendant's defense prior to the merits of the judgment of the court of first instance" shall be deleted; "Judgment on the cause of claim 3." in Part 6, 3, "Judgment on the cause of claim 2." In Part 6, 19, and 21 of Part 6, deleted, and the part on the overall defense in Part 6, 19, and 7, 11 are the same as the part on the grounds for the judgment of the court of first instance, except for the addition of the judgment below to the

"3. Judgment on the defendant's argument"

A. After becoming a person subject to cash settlement under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents due to a failure to apply for parcelling-out, the plaintiffs received the liquidation money from the defendant, which exceeds the appraised value of the real estate owned by each party. The above amount includes resettlement funds, residential relocation expenses, and moving expenses (hereinafter collectively referred to as "settlement funds, etc.").

In other words, at the time of concluding an agreement on the amount of settlement money with the Plaintiffs, the Defendant determined the agreed amount including the settlement money, etc., and the Defendant paid all the amount corresponding to the settlement money, etc. out of the agreed amount after the Plaintiffs completed their migration, so the Defendant has no obligation to pay the settlement

B. In selling the real estate owned by each of the plaintiffs to the defendant, in addition to the appraised value of the above real estate by the defendant, the plaintiff A was additionally paid KRW 58,601,160, the plaintiff B was 126,402,520, the plaintiff C was 52,582,455, the plaintiff E was 38,028,130, and the plaintiff F was 32,800,000 won (hereinafter referred to as "additional payment") in addition to the appraised value of the above real estate by the defendant. The plaintiff A and E completed migration by October 12, 2012 to the defendant by December 15, 2012.

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