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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. B obtained permission from the Defendant on May 30, 2006 for conversion of the use of Class II neighborhood living facilities with respect to the part of the aggregate of 6,463 square meters of land size of 6,000 square meters (hereinafter “instant land”). On August 16, 2006, the permission for conversion of the use of Class II neighborhood living facilities was granted even with respect to the remaining parts.
Since then, the above permission for mountainous district conversion was made on March 31, 2008, the name of the person who obtained permission for mountainous district conversion was gradually changed on July 9, 2008.
B. On January 20, 2010, Korea General Construction Co., Ltd. (hereinafter “Korea General Construction”) filed a lien report (hereinafter “the instant lien report”) with a secured claim of KRW 280,000,000 on January 20, 201. Upon receiving a decision of permission for sale on April 29, 2010, the Plaintiff completed the registration of ownership transfer due to the said voluntary auction after completely paying the sale price of KRW 1,10,000,000 on May 25, 2010.
On July 22, 2010, the Plaintiff obtained permission to convert the name of the said person permitted to convert a mountainous district from the Defendant to the Plaintiff.
C. On April 27, 2012, the Plaintiff obtained each approval for the use of the buildings of Class II neighborhood living facilities (offices, manufacturing establishments), Class I neighborhood living facilities (retail stores) and Class II neighborhood living facilities (offices) on the ground of the instant land from the Defendant.
Meanwhile, the instant land was subject to registration conversion on January 31, 2012, and the land category was changed to a site on May 18, 2012.
Under the premise that the starting point of imposition is May 30, 2006 and August 16, 2006, the date of initial permission for mountainous district conversion, the Defendant shall calculate the land price as of the starting point based on the officially announced land price pursuant to Article 10(1) of the Restitution of Development Gains Act (hereinafter “Development Gains Refund Act”), and the land price as of the starting point shall also be calculated based on the officially announced land price pursuant to the main sentence of Article 10(3) of the same Act, and on June 12, 2014, development charges for the Plaintiff shall be KRW 176,32,360.