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(영문) 울산지방법원 2020.12.24 2018구합7826

청산금

Text

The defendant shall pay 84,66,000 won to the succeeding intervenor and 12% per annum from November 3, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On July 31, 1991, the Plaintiff is an association established in order to promote a land readjustment project A (hereinafter “instant project”) in the Nowon-gun Eth day of Ulsan-gun, Ulsan-gun (hereinafter “D”) in order to promote a land readjustment project.

B. On February 24, 2000, the Defendant completed the registration of ownership transfer on the ground of sale on February 1, 2000 and owned the previous land. The Defendant completed the registration of ownership transfer on the F field 329 square meters (G lot, hereinafter “previous land”) located in the instant project site.

C. On April 19, 2018, Ulsan Metropolitan City Mayor: (a) increased the total business area of the instant project from 273,818 square meters to 274,017.1 square meters with respect to the instant project as a public announcement of Ulsan Metropolitan City on April 19, 2018; (b) changed the area of each general land, development recompense land, public site and the area of each public site by use; and (c) publicly announced the disposition authorizing the change of the business plan and the land substitution plan to the total project cost of KRW 16,56,819,70 to KRW 20,837,098,50.

(hereinafter “instant replotting disposition”). D.

According to the instant land substitution disposition, the previous land was determined as “I, 235.9 square meters (an area of 54.8 square meters)” as indicated in the annexed land substitution statement, and the Plaintiff completed the registration of land substitution under the land substitution and rearrangement project on May 30, 2018 with respect to the land for which the land substitution was determined as above.

E. On November 5, 2018, the Plaintiff: (a) transferred to the Plaintiff’s Intervenor’s Intervenor (hereinafter “Succession Intervenor”); (b) the Plaintiff transferred to the Defendant the instant land substitution amounting to KRW 84,66,00,00 in excess of 54.8 square meters of liquidation money of KRW 235.9 square meters (hereinafter “the instant land”); and (c) notified the Defendant of the instant assignment of the said assignment of claims on November 12, 2018; and (d) served on the Defendant on November 13, 2018.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 13 through 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the succeeding intervenor's assertion is the defendant according to the disposition of replotting in this case.