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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The defendant's status or relation 1) on March 10, 1993, the former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 2000; hereinafter the same shall apply)
2) Based on the records, etc., a land readjustment project (hereinafter referred to as “instant rearrangement project”) for the members of the Ulsan-gu Seoul Metropolitan Government C.
(2) The Plaintiff is a regional housing association established to carry out the project of constructing apartment and neighborhood living facilities on the ground of the B-Land Partitioning Zone Dr, which is located within the project district of the instant rearrangement project based on the Housing Act, etc. around 2014 (hereinafter “instant land development recompense”).
B. B. Before the approval of the instant housing construction project plan, the Defendant, on June 10, 1993, completed the overall progress of the instant rearrangement project (hereinafter “P”).
(2) On June 26, 2004, the Defendant concluded a contract for construction works to which the instant reorganization project was outsourced, and entered into a contract on construction works to which the instant reorganization project was contracted on May 12, 1994. However, on March 4, 1998, the instant reorganization project was suspended due to P’s default. (2) On June 26, 2004, the Defendant concluded a contract for construction works to which the instant reorganization project was contracted with Qa Co., Ltd (R Co., Ltd. (hereinafter “P”) who acquired all authority on the instant reorganization project from P to P, and paid the contract amount to Q Q Co., Ltd. (hereinafter “P”) under which the instant reorganization project was contracted on January 6, 2006, May 10, 207; and on September 5, 2007, the contract amount was finally determined as KRW 15,290,000,000 in the development recompense for development outlay.
3) The Defendant’s payment of progress payment for Q Q on May 22, 2009 to S Co., Ltd. (hereinafter “S”).
In selling the instant land allotted by the authorities in recompense for development outlay in KRW 12,508,925,419, the Defendant sold the purchase price to Q and Q and S.