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1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 110,565,00 and interest thereon from November 7, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On July 31, 1991, the Plaintiff is an association established to promote the “A land readjustment project” (hereinafter “instant project”) in the Nowon-gun E of Ulsan-gun, Ulsan-gun, Inc. (hereinafter “D” only).
B. From November 29, 1989, F owned G large scale 152 square meters (hereinafter “previous land”) located in the instant project site from around November 29, 1989, but completed the registration of ownership transfer based on the donation made on February 21, 201 to the Defendant on March 2, 2011.
C. On April 19, 2018, Ulsan Metropolitan City Mayor: (a) increased the total business area of the instant project from 273,818 square meters to 274,017.1 square meters with respect to the instant project as a public announcement of Ulsan Metropolitan City on April 19, 2018; (b) changed the area of each general land, development recompense land, public site and the area of each public site by the purpose of use; and (c) publicly announced the disposition authorizing the change of the business plan and the land substitution plan to the total project cost of KRW 16,56,819,70 to KRW 20,837,098,50.
(hereinafter “instant replotting disposition”). D.
According to the instant replotting disposition, the previous land was determined as “I, 148.9 square meters (42 square meters in excess of 70.2 square meters)” as indicated in the land substitution statement, and the Plaintiff completed the registration of land substitution under the land substitution and rearrangement project on May 30, 2018 with respect to the land for which replotting was determined in the Defendant’s future.
E. On November 5, 2018, the Plaintiff transferred to the Plaintiff’s Intervenor (hereinafter “Succession Intervenor”) an excessive land substitution of KRW 110,565,00 and all incidental claims (hereinafter “instant claim”) of KRW 110,565,00 of the liquidation money of KRW 148.9 square meters with respect to the land owned by the Plaintiff against the Defendant (hereinafter “instant land”). On November 6, 2018, the Plaintiff notified the Defendant of the said assignment of claims on November 8, 2018, and the said notification was served on the Defendant on November 8, 2018.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 13 through 20 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the succeeding intervenor's assertion is a replotting disposition of this case.