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(영문) 인천지방법원 2017.11.23 2016구합53818

청산금

Text

1. All of the counterclaims of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 98,332,195 and this amount.

Reasons

1. Basic facts

A. B A land readjustment project (hereinafter “instant project”) was conducted through the following procedures.

- Determination and public announcement of an urban planning project zone on July 3, 1998: The Incheon Metropolitan City public announcement C- the establishment and project implementation authorization on July 13, 2002: D- the Incheon Metropolitan City public announcement D- the establishment authorization on December 27, 2004: the authorization of a replotting plan on December 27, 2004: The authorization of an urban improvement and E- the establishment authorization of an association on May 29, 2007, and the authorization of a replotting plan (an alteration) on October 4, 201: the public announcement of Incheon Metropolitan City-F- the authorization of a project implementation (an alteration) and the authorization of a replotting plan (an alteration): G- the public announcement of Incheon Metropolitan City on October 24, 201 (hereinafter “instant replotting plan”).

B. The Defendant is a cooperative that received project implementation authorization of this case under the former Land Readjustment Projects Act (amended by Act No. 6252, Jul. 1, 2000; hereinafter the same). The Plaintiff, as the Defendant’s member, is a person who received a substitute lot of JJ large-scale 457.8m2m2 and 1,435m2 (hereinafter collectively referred to as “the previous land”), which was the Plaintiff’s member of Jung-gu Incheon, Jung-gu, Incheon, which was owned by the Plaintiff.

C. The land substitution protocol against the Plaintiff prepared by the Defendant on October 24, 201 stated to the effect that “after the Plaintiff’s land substitution with respect to the previous land in this case, the right area and the additional right area are 495.2 square meters and 3.15 square meters, respectively, and the actual land substitution area is merely 457.8 square meters. As such, the actual land substitution area is merely 98,332,195 square meters, which correspond to the shortage (=(495.2 square meters - 457.8 square meters) ¡¿ 2,562,00 won x 3.15 square meters x 798,549 won)” should be paid to the Plaintiff as the liquidation amount payable.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 through 8, 15, and the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. On October 24, 2011, the Defendant rendered a replotting disposition in this case to pay to the Plaintiff the liquidation amount of KRW 98,332,195 regarding the insufficient area of right after replotting. Accordingly, the Defendant did so.