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(영문) 대구지방법원 2014.05.30 2013구합10870
청산금결정취소
Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 67,266,550 and each of the above amounts. From November 16, 2012 to May 30, 2014.

Reasons

1. Basic facts

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

B. On December 31, 2008, the Defendant obtained authorization from the head of the Gu to change the implementation plan of the instant project, and authorization from the head of the same Gu on May 10, 2010 for the replotting plan of the instant project under Article 29 of the Urban Development Act.

C. On May 14, 2010, the Defendant issued to its members a notice of the designation and public inspection of the land scheduled for substitution pursuant to Article 35 of the Urban Development Act, and on the 17th of the same month, the Defendant announced and announced the designation of the land scheduled for substitution.

However, in the instant project site, the Daegu-gu Incheon Metropolitan City E large 136 square meters (hereinafter “instant land”) owned by the Plaintiffs in the instant project site was excluded from the land subject to replotting and was classified as land subject to liquidation of money.

On June 28, 2012, the Defendant issued a notice of the delivery (payment period: from July 18, 2012 to October 17, 2012) to the Plaintiffs, the notice of the issuance of settlement money (payment period: the payment period: the payment period: the period: October 19, 2012) calculated by setting the reduction area of the instant land as 43.3 square meters and the unit price of the instant land, which is classified as land subject to liquidation under Article 31 and the proviso of Article 41(2) of the Urban Development Act; and on October 19, 2012, the Defendant issued the second notice to the Plaintiffs on the issuance of settlement money (payment period: October 23, 2012 to 3,100 square meters).

E. On November 15, 2012, the Defendant deposited the liquidation amount of KRW 144,009,450, each of the Plaintiffs as the principal deposit pursuant to Article 46(4) of the Urban Development Act, on the grounds of the Plaintiffs’ refusal to receive the settlement money (Seoul District Court Branch Decision 2579, Seogu District Court Branch Decision 2012), and the Plaintiffs reserved the objection on December 4, 2012, and then withdrawn KRW 248,090,498 out of the said deposit amount.

On the other hand, the defendant's project of this case is followed.

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