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(영문) 울산지방법원 2020.12.24 2018구합1088

청산금

Text

The defendant shall pay 2,846,111 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 to promote a land readjustment and rearrangement project (hereinafter “instant project”) in the Seoul Special Metropolitan City, Ulsan-gun D (hereinafter “D”) E (hereinafter “D”).

B. On April 18, 1998, F completed the registration of initial ownership as to the buildings listed in attached Form 1 (hereinafter “instant building”) on the G field 890 square meters (H field, hereinafter “previous land”) located in the instant project site. The Defendant completed the registration of ownership transfer on June 29, 2009 with respect to the instant building from F to F on the ground of sale on June 22, 2009.

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, 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 the change of the business plan and the land substitution plan to the total project cost of KRW 16,56,819,70 to KRW 20,837,0

(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 transferred the said assignment to the Plaintiff’s Intervenor (hereinafter “Succession Intervenor”) and notified the Defendant of the fact of the assignment of the said assignment by transferring the liquidation amount of KRW 1.866m2 with respect to Lho Lake’s share of KRW 479m2 (hereinafter “instant land”) out of the excessive land substitution of KRW 35.7m2 owned by the Plaintiff against the Defendant, and all incidental claims of KRW 1.866m2,845,650, and all incidental claims. The said notification was served to the Defendant on November 8, 2018.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 4, 7, 14 through 17, and 19.