logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.04.12 2012누26953
환지청산금부과처분무효확인
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. In around 2007, the Defendant implemented a project to improve DNA agricultural production infrastructure in land located in the building zone located in Chungcheongbuk-gun C pursuant to the Rearrangement of Agricultural and Fishing Villages Act (wholly amended by Act No. 9758, Jun. 9, 2009; hereinafter “former Rearrangement of Agricultural and Fishing Villages”), and the Plaintiffs owned land within the said rearrangement project zone.

B. During the process of formulating a land substitution plan under the above maintenance project (hereinafter “instant land substitution plan”), E, a land appraiser belonging to the Defendant, made a proposal to “the Plaintiff to increase the previous land area to be substituted.” The Plaintiff accepted the said proposal, and the said proposal was falsely entered into a land substitution plan in such a way as to increase the size of 873 square meters in size to 7,873 square meters in Chungcheongnam-gun, the Plaintiff, the Plaintiff-owned, and the size of 803 square meters in G paddy-gun, the size of 1,803 square meters in size to 1,803 square meters in size, and the size of H return 2,281 square meters in size to 3,381 square meters in size, which is the Plaintiff-owned, B.

C. On December 13, 2007, the General Meeting of Beneficiaries of the instant land substitution plan determined the land price of 75,000 won per square day for replotting, and the Defendant imposed 10,884,880 won as land substitution settlement money and granted 20,485,480 won as land substitution settlement money to Plaintiff B based on the aforementioned resolution and the land substitution plan in which E was falsely entered. As such, the Defendant determined the content of the land substitution plan and included it in the said land substitution plan.

Plaintiff AF 873 1,458.5 G 10,98.8 J 3,124 K 1,132 M 2,31 N 2,182 Plaintiff B 2,281 P 2,281 P 2,394

D. The instant land substitution plan was authorized and publicly announced on July 28, 2008, and the Plaintiffs’ previous land was replaced by the following table.

E. Afterward, the Defendant collected the above KRW 10,884,880 from Plaintiff A in accordance with the publicly notified replotting plan and delivered the above KRW 20,485,480 to Plaintiff B.

F. However, E entered the land area of Plaintiff A, etc. in a false manner.

arrow