logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.12 2015가단5323864
채무부존재확인
Text

1. The annual installments from December 22, 2013 to December 26, 2014, among the claims for the confirmation of the existence of the obligation of the instant lawsuit, shall be one of its own obligations.

Reasons

1. Facts of recognition;

A. On December 3, 2001, the Plaintiff was engaged in the business of installing waste disposal facilities after accepting three parcels of land outside the scope of 73-27m2,118m2, Jin-dong, Eunpyeong-gu, Seoul Metropolitan Government.

However, on February 25, 2004, Seoul Special Metropolitan City designated a large area including the above land as an Embrypt Urban Development Zone and announced the development plan for the Embrypt Project. The Defendant, as the project implementer, obtained the above land through consultation from the Plaintiff on December 4, 2007.

B. The Plaintiff filed a lawsuit against the Defendant claiming the cancellation of the ownership transfer registration by Seoul Western District Court 2010Kahap3353, asserting that the above acquisition by agreement has no effect, and the said court rendered a decision in lieu of conciliation on May 20, 201 and confirmed the decision. The main contents of the decision are as follows.

1. The Defendant applied the retention concept to the Plaintiff regarding the amount of 9,240 square meters corresponding to the area of the existing waste disposal facility site owned by the Plaintiff from among 11,534 square meters of the previous waste disposal facility site in Eunpyeong-gu Seoul Metropolitan Government 75 square meters, the Defendant shall substitute the amount calculated by adding the interest under Paragraph (2) to the amount paid by the Defendant to the Plaintiff as the same waste disposal site under the condition that the Plaintiff return the amount to the Defendant, and the remaining area is less than 2,294 square meters, and the

(2) The Plaintiff shall pay to the Defendant the amount equivalent to 40% of the amount already received as 5,539,473,500 square meters out of the total site price for the previous 9,240 square meters, which is the amount appraised on April 1, 2009, plus interest, until December 31, 2011, and the amount equivalent to 60% of the remainder, plus interest, shall be paid until the completion of the urban development project. The calculation of the above interest shall be 5% per annum from December 18, 2007, and 20% per annum at the time of the delay of payment. In addition, the Plaintiff shall pay 3,830,980,00 won for the land in this case to the Defendant for a delayed payment (4% per annum).

B. B. L.S. L. L.C.

arrow