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(영문) 인천지방법원 2015.10.22 2015가합52073
압류등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 8, 1981 to June 30, 1989, the head of the Incheon Metropolitan City and the Mayor of the Incheon Metropolitan City carried out a land readjustment project (the project name: the land readjustment project district of the Gu, the land readjustment project district of the Gu, the hereinafter referred to as the "project of this case") for the land (the total area: 3,785,916.7m2) in the south-gu, Seoul Metropolitan City and the Nam-gu, Seoul Metropolitan City.

B. On June 30, 1989, the head of Incheon Special Metropolitan City Mayor, after completing a disposition of replotting regarding land in the project district of this case as a result of the implementation of the project of this case, determined that the liquidation completion amount arising from a disposition of replotting (hereinafter “the liquidation amount of this case”) shall be divided into three years with a two-year grace period (the first installment payment period: June 30, 1992; the second installment payment period: June 30, 1993; June 30, 1993; the third installment payment period; June 30, 1994); and overdue interest shall be 12% per annum.

C. Around August 26, 1989, the Mayor of Incheon Metropolitan City and the Mayor of Incheon Metropolitan City urged the Plaintiff, the owner of land B, 223.8 square meters in the project district of this case, which is one of the land within the project district of this case (hereinafter “instant land”), to pay the principal amount of KRW 53,273,00 in installments over three occasions from June 30, 1992 to June 30, 1994, each of KRW 17,757,660, respectively.

As the Plaintiff did not pay the liquidation money of this case, the Incheon Special Metropolitan City and Metropolitan Cities seized the land of this case on July 31, 1990, and on September 5, 1990, the registration of seizure (hereinafter “registration of seizure of this case”) was completed in the name of the right holder Incheon Special Metropolitan City and Metropolitan Cities (hereinafter “registration of seizure”).

E. On December 22, 2014, the Plaintiff paid KRW 190,673,550 to the Defendant for unpaid settlement money in total, including the principal amount of KRW 53,273,00 for the instant settlement money and damages for delay thereof (i.e., the amount calculated at the rate of 12% per annum from the date following the relevant payment deadline for each of the principal amount of KRW 17,757,660 for each of the three installments payment methods).

F. The instant seizure registration is around December 23, 2014.

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