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(영문) 수원지방법원 안산지원 2018.04.12 2017가합7689
감정평가수수료
Text

The defendant's KRW 262,875,800 and its amount shall be 6% per annum from October 7, 2016 to July 24, 2017 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the objective of real estate appraisal, etc., and the Defendant is the Housing Reconstruction Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to promote reconstruction improvement projects (hereinafter “instant project”) within the unit C and 31 lots of land in Ansan-si, Ansan-si.

B. In order to conduct an appraisal following the implementation of the instant project, the Defendant entered into an appraisal service contract with the Plaintiff and the Defendant on May 14, 2012 (hereinafter “instant service contract”) upon a resolution of the general meeting of the association members.

The main contents thereof are as follows:

Article 2 (Details and Scope of Appraisal) (1) The plaintiff shall conduct the following appraisal that the defendant requests in accordance with the relevant Acts and subordinate statutes in relation to the defendant's housing reconstruction project:

1. Appraisal of fundamental infrastructure disused for use (including State and public land) and fundamental infrastructure to be newly installed;

2. Appraisal of the previous and intangible assets for the formulation of a management and disposal plan (including re-appraisal due to a change in the rearrangement zone, authorization for the implementation thereof, change in design, etc.);

3. Appraisal of assets invested in kind in order to calculate the excess of corporate tax; and

4. The service of calculating the estimated amount of rebuilding charges under the Restitution of Excess Rebuilding Gains Act.

5. In principle, the period of appraisal and assessment for each case under Article 5 (Appraisal Period) (1) of the appraisal and assessment that the defendant directly requests the plaintiff pursuant to Article 2 shall be within 60 days from the commencement date, but the defendant and the plaintiff shall be determined through mutual consultation in consideration of the defendant's business schedule.

Article 6 (Methods of Remuneration and Payment of Appraisal) (1) The Defendant’s appraisal remuneration to be paid to the Plaintiff is publicly announced by the Ministry of Land, Transport and Maritime Affairs (Public Notice No. 2011-1093 of the Ministry of Land, Transport and Maritime Affairs).

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