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(영문) 서울중앙지방법원 2014.07.23 2013가합562643
정산금 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 1,322,357,156 as well as 20% per annum from March 26, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant’s housing site development project (1) pursuant to the former Housing Site Development Promotion Act (amended by Act No. 7517 of May 26, 2005), the Defendant shall carry out the housing site development project for the South-North Jeju-do in accordance with the South-do Housing Site Development Promotion Act (hereinafter “instant project”).

On October 6, 2003, the Governor of the Gyeonggi-do was designated as the executor of the implementation of the Housing Site Development Project, and the Governor of the Gyeonggi-do approved the Defendant’s housing site development plan. 2) On December 29, 2004, the Governor of the Gyeonggi-do changed the planned housing site development area of the project in this case, changed the planned housing site development area, changed the housing site development plan and approved the implementation plan of the housing site development project as follows.

1. Designation of a planned housing site development area;

(c) Area: 2,068,587 square meters in a flag, change of 2,059,69 square meters in a flag, (8,88 square meters in a 8,888 square meters);

2. Approval for modifying development plans;

(c) Modification of the plan on the population and housing to be expropriated: A plan for the supply of integrated energy by 567 households (1,531), multi-family housing 11,586 households (34,500 households) and 2): the supply by the adjacent substation station (51,672KA, modified 53,878KA).

D. Change of development period: October 6, 2003 to December 31, 2008

1) The former Housing Act (amended by Act No. 8239 of Jan. 11, 2007; hereinafter the same shall apply)

Article 23(1)2 and (5) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 20722, Feb. 29, 2008; hereinafter the same) provides that the scope of installation of electric facilities, which are arterial facilities by a person who supplies electricity in relation to a housing construction project or housing site preparation project, shall be determined by Presidential Decree, and accordingly, the same shall apply.

Article 24(4) and [Attachment 2 subparag. 3] of the Enforcement Decree of the Rental Housing Act with respect to the scope of electric facilities for which the Plaintiff is obligated to install.

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