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(영문) 서울중앙지방법원 2017.11.30 2015가단5390284
협의취득대금
Text

1. The Defendant: 18,973,50 won, Plaintiff B, and C respectively; 3,970,460 won, Plaintiff D, and E respectively; and Plaintiff 4,036,080 won, respectively.

Reasons

1. Facts of recognition;

A. The Korea National Housing Corporation (hereinafter “Defendant”) entered into a sales contract with the acquisition of public land and entered into a sales contract (hereinafter “instant sales contract”) with each of the following content on the land owned by the Plaintiffs based on the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Act on the Acquisition of Land, etc.”) for the purpose of conducting apartment construction works for the housing site development project from October 1, 2007 to January 2008, for the purpose of conducting apartment construction works for the housing site development project, from October 1, 2007 to January 1, 2008.

On November 7, 2007, 2007, H 3,768 square meters (shares 417.5/7,536) of H 3,768 square meters (shares 417.5/7,536) of H 3,768 square meters (shares 417.5/7,536) of H 3,768 square meters (shares 417.5/7,536) of H 3,768 square meters (shares 424.4/7,536) of H 3,768 square meters (shares 424.4/7,536) of H 3,768 square meters of H 3,768 square meters (shares 424.7,536) of the land subject to acquisition through consultation with the owner on November 7, 2007.

Article 4(3) of the instant sales contract provides that “When the sales price has been set excessively or insufficiently due to the assessment of intention, negligence, mistake, etc., the seller and the buyer may claim the excess or excess amount to the other party and the seller and the buyer shall immediately return the amount claimed by the other party.” Article 1 of the attached terms and conditions provide that “The purchase price of the land incorporated into the public-service business shall be the price calculated pursuant to the Public Works Act, and even after the conclusion of this contract and the payment of the price, if it is found that the price has been erroneously paid because there was an error in the calculation of the price, the compensation shall be made

C. In evaluating the value of the land subject to the above consultation pursuant to the Public Works Act, the Defendant shall (i) evaluate the value of the land subject to the above consultation, and (ii) 195 square meters out of G forest land G 91 square meters owned by the Plaintiff.

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