logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.15 2016가합527849
협의취득대금 등
Text

1. The defendant,

A. As to Plaintiff A’s KRW 36,359,664 and KRW 10,100,00 among them, the amount of KRW 36,359,664 shall be from June 26, 2014; and KRW 26,259.

Reasons

Basic Facts

Plaintiff

A on October 24, 1986, he/she purchased 1,147 square meters of land C in Yeongdeungpo-gu, Young-gu (hereinafter “instant land”) and completed the registration of transfer of ownership in the Plaintiff’s name on the same day.

Plaintiff

B On June 30, 2001, D Forest land No. 721m2 (hereinafter “instant land”) was purchased and completed the registration of ownership transfer in the Plaintiff’s name on July 24, 2001.

On the other hand, the land No. 1 was incorporated into the E Housing Site Development Project on February 16, 2004, and the land No. 2 in the instant case into the F District Housing Site Development Project on May 20, 2003, and the Defendant was designated as the project implementer of each housing site development project.

On June 7, 2004, the Defendant concluded a contract under which the Plaintiff acquired the instant land No. 2 from the Plaintiff B pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) on June 22, 2004 and the land No. 1 from the Plaintiff A pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”), respectively.

Article 4 (Cancellation of Contracts and Return of Sales Price, etc.) (3) When the sales price has been set excessively or insufficiently due to intentional, negligent, and erroneous assessment, etc., in each of the instant contracts, A and B may claim the excess or deficient amount to the other party, and both A and B shall immediately pay or return the amount claimed by the other party.

The main points relating to the claim are as follows:

(The main contents of the instant contract are the same). The Defendant assessed the current status of the instant land No. 1 as “1,069 square meters in forest, road 78 square meters,” and the current status of the instant land No. 2 as “721 square meters in forest,” respectively, and set the sales price of the instant land No. 1 as KRW 263,103,940, and the sales price of the instant land No. 2 as KRW 274,196,300.

As to the land No. 1 of this case, the defendant was based on an agreement on June 23, 2004.

arrow