beta
Text
1. The Defendant’s KRW 599,203,00 for the Plaintiff and KRW 5% per annum from December 17, 2012 to December 11, 2014.
Reasons
1. Basic facts
A. The Plaintiff is an implementer of a housing reconstruction project that constructs 22 units of apartment units on the land of 1331-1 and 47 square meters on the land of 82,650.5 square meters in Seo-gu, Seo-gu, Daegu-dong (hereinafter “instant project”). The Defendant is the owner of the housing reconstruction project that constructs 22 units of apartment units on the land of 42,819 square meters. The Defendant is the owner of the land of 13,367 square meters on the land of 13,367 square meters in Seo-gu, Seo-gu, Daegu-gu and 1218-11 and 34 square meters in the project site (which was first 33 lots
B. On December 27, 2004, the head of the Si/Gun/Gu to which the Defendant belongs added the phrase “purchase of the Defendant’s property within the business area, such as the previous roads whose use was abolished before the commencement of the construction work, etc.” to the Plaintiff.
C. Accordingly, when the Plaintiff requested the Defendant to gratuitously transfer the previous roads whose use is abolished to the Defendant, on August 4, 2006, the Defendant was entitled to gratuitously transfer the land of the 4-dong, Daegu-gu, Seo-gu and 122-9 and 4,122.8 square meters among the previous roads pursuant to Article 65(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), but instead, the Plaintiff shall secure the ownership of the site and construct the road, and then contribute it to the Defendant. Of the previous roads, the remaining land of the 1218-11 and 27-27 square meters from the 26-dong, Seo-gu, Seo-gu (hereinafter “the public land of this case”), but the public land of this case was 28 lots due to the division, and thereafter, the Defendant shall purchase it from the Defendant in accordance with the terms and conditions of project implementation authorization, and the sale agreement was to be executed on September 21, 2006.
Therefore, the Plaintiff received a free transfer of 4,122.8 square meters among the previous land. As to the public land of this case, the Plaintiff purchased KRW 10,056,412,90 with the Defendant on June 5, 2008.