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(영문) 울산지방법원 2020.12.24 2018구합7956
청산금
Text

The defendant shall pay to the plaintiff's successor intervenor KRW 112,288,00 and interest thereon from November 10, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On July 31, 1991, the Plaintiff is an association established in order to promote a land readjustment project A (hereinafter “instant project”) in the Nowon-gun Eth day of Ulsan-gun, Ulsan-gun (hereinafter “D”) in order to promote a land readjustment project.

B. On October 4, 2016, the Defendant completed the registration of ownership transfer on the ground of sale on July 6, 2016 with respect to F 9 square meters, G 261 square meters, and H 23 square meters (hereinafter “previous land”) located in the instant project site, and owned the previous land.

C. On April 19, 2018, Ulsan Metropolitan City Mayor: (a) increased the total business area of the instant project from 273,818 square meters to 274,017.1 square meters with respect to the instant project by means of the public announcement of Ulsan Metropolitan City on April 19, 2018; (b) changed the area of each general land, development recompense land, public site and the area of each public site by the purpose of use; and (c) publicly announced the disposition authorizing a change in the business plan and a land substitution plan to total project cost of KRW 16,56,819,70 to KRW 20,837,09,50.

(hereinafter “instant replotting disposition”). D.

According to the instant land substitution disposition, the previous land was determined as “K 264.4 square meters (a 70.4 square meters)” as indicated in the annexed land substitution statement, and the Plaintiff completed the registration of land substitution under the land substitution and rearrangement project on May 30, 2018 with respect to the land for which the land substitution was determined as above.

E. On November 1, 2018, the Plaintiff: (a) transferred to the Plaintiff’s Intervenor’s Intervenor (hereinafter “Succession Intervenor”); (b) the Plaintiff’s transfer of the liquidation money of KRW 112,288,00 and all incidental claims (hereinafter “the instant liquidation money claim”) of KRW 112,28,00 in excess of the excessive land substitution of KRW 70.4 square meters with respect to the land owned by the Plaintiff against the Defendant (hereinafter “instant land”); and (c) notified the Defendant of the said assignment of the said claim on November 2, 2018; and (d) the said notification was served on the Defendant on November 5, 2018.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 15 to 18 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the succeeding intervenor's assertion is a replotting disposition of this case.

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