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(영문) 울산지방법원 2020.12.24 2018구합8034

청산금

Text

The defendant shall pay to the plaintiff's successor intervenor KRW 162,964,00 and interest thereon 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 March 29, 199, the Defendant completed the registration of ownership transfer on the ground of a donation made on March 27, 1999 with respect to FF forest No. 464 square meters (hereinafter “previous land”) located within the instant project site, and owned the previous land.

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 replotting disposition, the previous land was determined as “I, 309 square meters (104.8 square meters in excess)” as shown in the 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 replotting has been 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 162,964,00 and all incidental claims (hereinafter “the instant liquidation money claim”) of KRW 162,964,00 with respect to excess land substitution of KRW 309 square meters (hereinafter “I large 309 square meters”) with respect to the Defendant; and (c) notified the Defendant of the assignment of the said claim on November 6, 2018; and (d) the said notification was served on the Defendant on November 9, 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.