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(영문) 울산지방법원 2020.12.24 2018구합1118

청산금

Text

The defendant shall pay 8,770,457 won to the succeeding intervenor and 12% per annum from September 4, 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 and rearrangement project of a district A (hereinafter “instant project”) in the Nowon-gun Eth day of Ulsan-gun, Ulsan-gun (hereinafter “D”) (hereinafter “D”).

B. On April 18, 1998, F completed the registration of initial ownership as to the buildings listed in the attached Table 1 (hereinafter “instant building”) on the ground of G 890 square meters (H field, hereinafter “previous land”) located in the instant project site. The Defendant completed the registration of initial ownership as to the instant building from F on August 31, 2012 from the International Diplomatic Association, which purchased the said building from F, on the ground of sale and purchase as of June 11, 2012.

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 by means of the 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 the purpose of use; and (c) publicly announced the disposition authorizing a change in the business plan and a land substitution plan to total project cost of KRW 16,56,819,70 to KRW 20,837,09,50.

(hereinafter “instant replotting disposition”). D.

According to the instant land substitution disposition, the previous land was determined as “K large 479 square meters (an area of 35.7 square meters)” as shown in the land substitution statement as shown in attached Table 2, 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 liquidation amount of KRW 8,770,275, and all other incidental claims of KRW 5.71,00,000,000,000,000 for the excessive land substitution of KRW 35.7 square meters for the Defendant’s land (hereinafter “instant land”); and (c) notified the Defendant of the said assignment of claims on November 6, 2018; and (d) the said notification was served to the Defendant on November 7, 2018.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 4, 13 to 16.