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1. The Defendant’s imposition of liquidation money of KRW 333,481,660 against the Plaintiff on October 1, 2010, and the imposition of liquidation money of KRW 41,946 against the Plaintiff B.
Reasons
1. Details of the disposition;
A. A. Around 2007, the defendant implemented D's agricultural infrastructure improvement projects on the land of the members of the Nowon-gu Seoul Special Metropolitan City Improvement of Agricultural and Fishing Villages Act (wholly amended by Act No. 9758, Jun. 9, 2009; hereinafter the same). As to this, the land substitution plan established by the defendant (hereinafter the "land substitution plan of this case") was authorized and announced July 27, 2008.
B. In the process of the establishment of the instant land substitution plan, the Plaintiff accepted the proposal from the Plaintiff, the Plaintiff’s land appraiser, to increase the size of the previous land to be substituted, and then came to 120 million won to E. In this regard, E used the land substitution plan to use the land substitution program, thereby falsely inputtinging the size of the FY-gun, Chungcheongnambuk-gun, the previous land owned by the Plaintiff, into 7,873 square meters and 1,803 square meters, respectively. The Plaintiff’s father, the Plaintiff’s father, increased the size of 2,281 square meters to 3,381 square meters, the previous land owned by the Plaintiff, and entered the same falsely.
C. As the instant land substitution plan was authorized and publicly announced on the basis of the area of the previous land that was falsely entered as above, ① in the case of Plaintiff A, the said F land is 7,458.5 square meters, and the said G land is 3,124 square meters, K 1,124 square meters, K 1,131 square meters, L 922 square meters, M 2,311 square meters, N 2,182 square meters, and 10,988 square meters, and the said H land was replaced by 10,394 square meters, P paddy field, and 2,394 square meters; ② in the case of Plaintiff B, the said land was replaced by 10,84 square meters, and the land substitution liquidation money was imposed with respect to Plaintiff A to liquidate excess or excess of the area between the previous land and the substitute land; and the liquidation money was finalized to grant the Plaintiff 20,485,80 square meters, and the liquidation money was paid to Plaintiff B.
On December 13, 2007, the calculation of the substitute lot settlement money was based on the appraisal of the land price for substitute lot at the general meeting of beneficiaries held on December 13, 2007 at KRW 75,00 per square day.
Since then, the defendant is against the plaintiff A on September 3, 2008 in accordance with the land substitution plan of this case.