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(영문) 인천지방법원 2019.08.27 2017가합62296
손해배상(기)
Text

1. As to KRW 1,813,665,160 among the Plaintiff and KRW 1,798,403,00 among the Plaintiff, the Defendant shall start from December 1, 201 to April 15, 2019.

Reasons

1. Basic facts

A. 1) The Defendant is the Jung-gu Incheon Jung-gu Seoul Special Metropolitan City District Readjustment Project Promotion (hereinafter “instant project district”) of 484,620 square meters.

2) The land readjustment project (hereinafter “instant project”) of the land readjustment project

2) On July 13, 1998, the head of Incheon Metropolitan City publicly notified the determination of urban planning and detailed planning zone with respect to the project of this case as C by the public notification of Incheon Metropolitan City on July 3, 1998. On July 13, 2002, the instant association obtained authorization for establishment and authorization for project implementation under Article 16 of the former Land Readjustment Projects Act (amended by Act No. 6252, Jan. 8, 200; hereinafter the same shall apply) as D public notification of Incheon Metropolitan City.

B. On November 25, 2011, the Plaintiff entered into an agreement on the acquisition of land allotted by the Plaintiff in recompense for development outlay (hereinafter “instant land”) with the Defendant on November 25, 201, the Plaintiff’s land for ET (F in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City) parking lot from 1,714.5 square meters and GT (H in Jung-gu, Incheon Metropolitan City, its lot number after replotting) parking lot from the Defendant.

A) The contract was entered into for the acquisition of 1,798,403,00 won in total (hereinafter “instant contract”).

(2) On November 28, 2011, the Plaintiff completed each registration of ownership preservation on the instant land, and paid all the land price to the Defendant on December 1, 2011.

C. 1) A Co., Ltd. I (hereinafter “I”) claiming ownership transfer registration against the Plaintiff, etc. of I Co., Ltd.

(3) On March 21, 2012, the Plaintiff filed a lawsuit claiming ownership transfer registration on the ground of the restoration of real name (hereinafter “instant lawsuit”) with the Plaintiff et al. by asserting that the Plaintiff et al. acquired the land allotted by the authorities in recompense for development outlay, including the instant land, from the Incheon District Court Decision 2012Ga4721.

(2) On October 8, 2013, the Incheon District Court rendered a judgment in favor of all I on the first instance on the same day, and the above judgment became final and conclusive on September 7, 2017 through an appellate court and a final appeal court. (2) The Plaintiff’s attorney fee of the first instance court in the instant lawsuit, KRW 4,950,000, and the appellate court.

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