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(영문) 서울서부지방법원 2018.09.12 2017가합37713
토지대금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 22, 1999, the land subdivision rearrangement association in the 2nd district area of the project in question (hereinafter “cooperative”) was repealed by Act No. 6252 of Jan. 28, 2000, but on July 1, 2000, according to Article 2 of the Addenda of the former Urban Planning Act, Article 2 (1) 1 (c) of the Urban Planning Act determined by urban planning under Article 12 of the former Urban Planning Act at the time of July 1, 200, the authorization of the establishment and the execution of the land rearrangement project in accordance with Article 16 of the former Urban Planning Act shall apply to the land rearrangement project in Article 2 (1) 1 (c) of the Urban Planning Act. The land rearrangement project in the 2nd district of the 2nd district area of the land in the urban planning zone (hereinafter “instant project”). The land rearrangement project in the 591,812 square meters in

The instant land was indicated as a middle school site in the association’s business plan, and the association was designated as a middle school site in the land substitution plan authorized by the association.

However, the land in this case was stated as the land substitution plan of the association.

On October 19, 2007, the land disposal association of this case with respect to the effectiveness of the association entered into a contract for construction work with the company enzym Co., Ltd. (hereinafter "ffym") on the execution of the land development project in the above business area. On December 6, 2010, "the association shall divide the development recompense land amounting to 4.5.6 billion won (1.3 million won per square year, total 35,083), which is the development cost at the time when the plan for the land readjustment and rearrangement project was approved (1.3 million won per square year, total 35,083), and the association shall divide the development recompense land amounting to 4.5 billion won (including the name of the trust company in the register of the development recompense land for development outlay), and sell the land so trusted, etc.

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