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(영문) 울산지방법원 2020.12.24 2018구합7802
청산금
Text

The defendant shall pay 27,508,000 won to the succeeding intervenor and 12% per annum from November 3, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On July 31, 1991, the Plaintiff is an association established in order to promote a land readjustment project A (hereinafter “instant project”) in the Nowon-gun Eth day of Ulsan-gun, Ulsan-gun (hereinafter “D”) in order to promote a land readjustment project.

B. On November 13, 1996, F owned G 291 square meters (hereinafter “previous land”) located in the instant project site. However, on May 20, 2009, F completed the registration of ownership transfer based on inheritance by agreement and division as of March 22, 2009 to the Defendant.

C. On April 19, 2018, Ulsan Metropolitan City Mayor increased the total business area of the instant project from 273,818 square meters to 274,017.1 square meters with regard to the instant project as a public announcement of Ulsan Metropolitan City on April 19, 2018, changed the respective areas of land, land secured by the recompense for development outlay, land for public use, and land for public use, and publicly announced the disposition authorizing the change of the business plan and the land substitution plan to the total project cost of KRW 16,56,819,70 to KRW 20,837,098,50.

(hereinafter “instant replotting disposition”). D.

According to the instant land substitution disposition, the previous land was determined as “J-182.3 square meters (18.4 square meters in excess)” as stated in the land substitution statement, and the Plaintiff completed the registration of land substitution under the land substitution and rearrangement project on May 30, 2018 with respect to the land for which the land substitution was determined as above.

E. On November 5, 2018, the Plaintiff transferred to the Plaintiff’s Intervenor (hereinafter “Succession Intervenor”) the amount of KRW 27,508,00,00 and all incidental claims (hereinafter “the instant settlement money claim”) of KRW 18.4 square meters in excess of the excessive land substitution for the land owned by the Plaintiff against the Defendant, and notified the Defendant of the said assignment of claims on November 6, 2018, and the said notification was served to the Defendant on November 9, 2018.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 13 through 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the succeeding intervenor's assertion is a replotting disposition of this case.

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