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(영문) 서울남부지방법원 2019.01.17 2014가합107537
약정금
Text

1. The defendant,

A. As to the Plaintiff A’s KRW 6,356,32 and KRW 1,00,000 among them, from October 16, 2013 to the remainder 5,356.

Reasons

1. Basic facts

A. The network E, B, C, and networkF owned the land indicated in the “land” column as listed below (hereinafter “each of the instant land”). However, the Korea National Housing Corporation (the Korea National Housing Corporation was dissolved on October 1, 2009 and the Defendant was established and succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter collectively “Defendant”) acquired each of the instant land through consultation, and each of the relevant “registration date for acquisition by consultation” was completed on the relevant date as indicated below.

In Table 1, the owner’s land compensation amount of 4,714 square meters G 1,801,130,330 m2, G 59 m2,716 m2,716 m25,800 m2,000 on January 5, 2004, G 1, 200 m203,716 m250,000 on January 29, 2009, G 4,443,637,040 m24,000 on July 27, 2006, G 1,514 m24,567 m26,706 m27,006

At the time, the Defendant concluded a sales contract with the average of the appraised value calculated by requesting three appraisal corporations for each of the instant lands as the sales price, and agreed that the seller and the purchaser may claim the excess or excess amount when the sales price was set excessively or insufficiently due to intentional, negligent, erroneous, appraisal, etc., and that the seller and the purchaser shall immediately pay or return the amount claimed by the other party (hereinafter “instant settlement agreement”).

C. An appraisal corporation which has conducted an appraisal of each of the instant lands shall take into account the circumstances under which the use of the land is restricted by transmission lines, etc. in conducting an appraisal, and where the appraisal is not subject to such restriction in accordance with the Guidelines for Land Compensation Evaluation, which is an internal standard of L association, the appraisal corporation shall calculate the amount calculated by subtracting each of the relevant amounts indicated in the table 2 as the appraised value, respectively, from the assessed value of the reduced value.

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