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(영문) 제주지방법원 2014.01.09 2013가합1286
토지대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owned B orchard 7,064 square meters in Jeju-si. However, on May 10, 2012, the said land was divided into B orchard 4,064 square meters and C orchard 3,000 square meters (hereinafter “one land”). On April 2, 2013, B orchard 4,064 square meters were again subdivided into B orchard 764 square meters and D orchard 3,300 square meters (hereinafter “two land”).

B. On April 2, 2012, in order to acquire the first land before subdivision, the Defendant received a written consent from the Plaintiff to sell the first land at a price calculated by taking an arithmetic mean of the appraised values of the appraisal corporations in the two locations. Around that time, the Defendant requested E certified public appraisal corporations and F certified public appraisal corporations to appraise the first land.

(2) On April 19, 2012, the Defendant notified the Plaintiff that the land compensation for the first land is KRW 138,000,000 (=3,000 square meters x 46,000 square meters) as a result of calculating the arithmetic mean of the appraisal value of each of the said appraisal corporations.

(3) On May 17, 2012, the Defendant completed an agreement between the Plaintiff and the Plaintiff to pay KRW 138,00,000 for compensation for land No. 1, and completed the registration of ownership transfer on the land No. 1 on May 18, 2012 due to a consultation on land acquisition.

(4) On May 23, 2012, the Defendant paid KRW 138,00,000 to the Plaintiff for compensation for the land No. 1.

C. On February 26, 2013, the Defendant received a written consent from the Plaintiff on February 26, 2013 to sell the said land at a price calculated by taking an arithmetic mean of the appraised Value of the two appraisal corporations located in the city of Jeju owned by the Plaintiff. Around that time, the Defendant requested the G Appraisal Board and H Appraisal Board to appraise the land of Article 2.

(2) On April 1, 2013, the Defendant calculated by taking an arithmetic mean of the appraised value of each of the said appraisal corporations to the Plaintiff at KRW 49,00 per square meter, as a result of calculating the assessed value of each of the said appraisal corporations at KRW 49,00.

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