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(영문) 대구고등법원 2015.05.01 2014누5119
청산금결정취소
Text

1. All appeals filed by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. On February 5, 2008, the Defendant obtained designation of a project implementer and approval for the establishment of an urban development project from the head of Seo-gu Metropolitan City (hereinafter “the head of Seo-gu”) pursuant to Articles 11 and 13 of the Urban Development Act to implement an urban development project in the Daegu Seo-gu D Day (hereinafter “instant project”).

B. The Plaintiffs are co-owners who own 1/2 shares of 136 square meters in Daegu-gu, Daegu-gu, which belongs to the instant project site (hereinafter “instant land”).

C. The Defendant obtained on December 31, 2008 from the head of the monthly head of the Gu the authorization for the change of the implementation plan of the instant project, and thereafter obtained the authorization for the land substitution plan under Article 29 of the Urban Development Act on May 10, 2010.

On May 17, 2010, the defendant made a public announcement of the designation of the land scheduled for substitution pursuant to Article 35 of the Urban Development Act to its members, and made a public announcement of the designation of land scheduled for substitution.

However, the land in this case was classified as land subject to settlement of money on the ground that the land in this case is a small-scale land which is small-scale land.

E. On May 25, 2012, the Defendant requested an appraisal of the market price of the instant land, etc. (hereinafter “association appraisal”) to the Fladon Appraisal Corporation, Inc. (hereinafter “Fladon Appraisal Corporation”) and the Central Appraisal Appraisal Corporation (hereinafter “Central Appraisal Corporation”).

F. On June 28, 2012, pursuant to the proviso to Article 41(2) of the Urban Development Act, the Defendant issued a notice of delivery of the second settlement money (payment period: between July 18, 2012 and October 17, 2012) to the Plaintiffs on October 19, 2012, which was calculated by setting the instant land as the reduction area of 43.3 square meters, the area of right 92.7 square meters (13 square meters - 43.3 square meters), the unit price of 3,107,000 square meters, the settlement money of 288,018,900 square meters x 3,107,00 square meters x the amount of 3,107,000 square meters x the delivery of the second settlement money (payment period: 23, 2012 to the Plaintiffs on October 23, 2012).

G. The Plaintiffs are the instant land.

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