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(영문) 인천지방법원 2016.04.01 2014가합54522
청산금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 1,646,923,650 as well as 15% per annum from June 26, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was entrusted with the management of State property under Article 30 of the Special Act on Balanced National Development with respect to land located in Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant land”) including land attached thereto (hereinafter “instant land”) from the Republic of Korea (from January 1, 2010 to December 3, 2014). The scope of its management was also included in the disposition of State property.

B. On July 13, 2002, the Defendant obtained authorization for the implementation of a project for rearrangement project of Jung-gu Incheon Metropolitan City, including the land in this case, as a project implementation district under the former Land Rearrangement and Rearrangement Projects Act (repealed by Act No. 6252, Jan. 28, 2000; hereinafter the same) on July 13, 2002, and obtained authorization for a land substitution plan as of December 27, 2004 after implementing the said project and obtained authorization for a land substitution plan as of December 27, 2004. On October 24, 201, the Defendant publicly announced a land substitution disposition, including the determination of a land substitution disposition, pursuant to Article 61 of the former Land Rearrangement and Rearrangement Projects Act, and the details of settlement amount finalized in the said public announcement are specified to be subject to the issuance and collection.

C. In the instant land managed by the Plaintiff, there was a shortage of land as indicated below according to the above replotting disposition.

In Table 1, following the previous land rearrangement, there is a lack of fixed area (large size) of the right area (large size) of block (large size) 215 square meter 2,000 m2,000 m2,000 m2,105 m2,000 m2,000 m2,000 m2,000 m260 m260 m260 m2,0009.9 B, 109.9 B, 124.8 B, 124.8 B, 1150 m2,50 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,005 m2,000 m2,000 m2,000 m2,757,007 m2,0747.

D. On August 21, 2012, according to the above public notice, the Plaintiff was liquidated against the Defendant regarding the land shortage area in this case according to a disposition of replotting.

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