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(영문) 대전지방법원 2018.03.30 2017가단208130
청산금 등 반환청구
Text

1. The Defendant shall: (a) the Plaintiff:

27,388,657 and interest paid from May 5, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On October 25, 2012, G 201, G 2(F) notification was made on the following grounds: (a) the Plaintiff was originally owned by the Plaintiff; (b) the F District Development Project Association (hereinafter “Non-Party Association”) was designated as a planned land substitution for a development project of the F District; and (c) the F District Development Project Association (hereinafter “Non-Party Association”) was notified of the designation of a land substitution plan for G 1,647 square meters and E 98 square meters.

B. Around January 16, 2013, in the course of replotting, when the said D land was divided into D 1,216 square meters (hereinafter “D land”) and H 431 square meters, the land scheduled for replotting and liquidation amount was determined based on three parcels. The details of land scheduled for replotting are I’s rights and land substitution area: 244.8 square meters; J rights and land substitution area; 255 square meters; K rights and land substitution area; 189.8 square meters (159.7 square meters).

The specific contents are as follows:

FD 1,216 7,963,70 L - 176,70 L - 176,898,500 liquidation money of 431261,564,500 I 244.72,63,63,600 MJ 255.0 308,550,50, K 159.7261,446,46,46,100 CF E 989,776,00 L - 10,579,300 K 300,1496,7579,300 K 3030,196,70 C 1030,7030 C 1,7030,7030 C 1,745,196,196,70 C 1,745,196,309,405,639,205

C. The reason why the liquidation amount was generated in the above replotting process is that the above area should be included in G and about 17.7% of the development area should be developed as an industrial site, and accordingly, the previous landowner was required to pay compensation for inclusion in the industrial site.

In addition, among the above land scheduled for substitution, I Blue and JB block land was allocated to the plaintiff as an independent owner, but in the case of Kable block land, the previous land owners who have the total area of less than 71.5 square meters and less than the independent lot have been allocated as co-ownership.

On March 17, 2014, the Plaintiff and the Defendant concluded a sales contract with Jable block 255 square meters (family lot number N) out of the land scheduled for substitution, with the price of KRW 358 million, and the Defendant all the said price.

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