logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.08.24 2016나2069353
위약금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company engaging in real estate development and consultation. The Defendants are co-owners who own one-half shares of each of the two shares (hereinafter referred to as “instant land”). The Plaintiff is a company that is engaged in real estate development and consultation, etc., and the Defendants own a F District Public Housing Project (hereinafter referred to as “instant development project”) incorporated by the Korea Land and Housing Corporation into the project site of Overcheon-si, G 2,853 square meters (hereinafter referred to as “instant land”).

B. 1) In the instant development project, the so-called “land compensation” system is established to compensate land created by the implementation of the instant development project instead of cash if the landowner so wishes. A landowner wishing to compensate by substitute land shall submit an application for substitute land compensation to the Korea Land and Housing Corporation and the Korea Land and Housing Business Association within 15 days from the commencement date of the compensation for losses ( April 15, 2015). Even if an application for substitute land compensation is filed, the land owner who submitted an application for substitute land compensation after the lapse of the period of the compensation for losses may enter into a substitute land compensation contract with the Korea Land and Housing Corporation from May 13, 2015 to February 10, 2016 (the due date of consultation on compensation for losses).

This is a contract to suspend the payment of compensation to the amount of compensation applied for by substitute land, and to transfer ownership of land owned by substitute land (land subject to compensation) in the name of the Korea Land and Housing Corporation under the condition that compensation by substitute land (supply) is made.

Compensation shall be postponed for the amount of compensation for land, and compensation shall be offset and processed as the price for supply of developed land when developed land is supplied.

3. A three-dimensional land supply contract shall be concluded when the Korea Land and Housing Corporation has completed the creation of a site and completed preparation for the supply of a site, and an application shall be filed by lot at the time of supply of a land to be supplied.

arrow