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(영문) 울산지방법원 2020.12.24 2019구합204

청산금

Text

The defendant shall pay 9,591,516 won to the plaintiff and 12% per annum from March 29, 2019 to the date 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 A (hereinafter “instant project”) in the Ulsan-gun Cri (hereinafter “Cri”) Seoul-gun (hereinafter “Cri”) Seoul-gun (hereinafter “Cri-gun”).

B. On April 18, 1998, E completed the registration of initial ownership as to the buildings listed in attached Form 1 (hereinafter “instant building”) on the ground of F 890 square meters (Glet, hereinafter “previous land”) located in the instant project site. The Defendant purchased the instant building from E on May 30, 2016 and completed the registration of ownership transfer on June 27, 2016.

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 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 20,837,098,50.

(hereinafter “instant replotting disposition”). D.

According to the instant land substitution disposition, the previous land was determined as “I large 479 square meters (a 35.7 square meters in excess)” 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.

[Ground of recognition] Facts without dispute, Gap's 1 to 11, 14 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was 6.29 square meters of excessive land substitution (i.e., 35.7 square meters x 84.602/4802/480.2, and rounded off at the third place of the decimal place) according to the disposition of replotting in the instant case, and the Defendant is obligated to pay to the Plaintiff the liquidation amount of 9,591,516 won and delay damages incurred therefrom.

3. Determination

(a) The occurrence of settlement money claim 1) The former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 2000; hereinafter the same shall apply)

(b).