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(영문) 울산지방법원 2019.12.12 2018구합1095
청산금
Text

1. The Defendant shall pay KRW 1,215,00 to the Plaintiff the annual interest rate of KRW 12% from December 6, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On July 31, 1991, the Plaintiff is an association established to promote the “A land readjustment project” (hereinafter “instant project”) in the Ulsan-gun Cri (hereinafter “Cri”) Seoul-gun (hereinafter “Cri”) Seoul-gun (hereinafter “Cri-gun”).

B. E owned 49587/222150 of the total amount of 2,215 square meters in Ulsan-gun, Ulsan-gun (hereinafter “Before subdivision”) located in the instant project site, and the Defendant completed the registration of ownership transfer as to the whole E’s shares of the land before subdivision on February 27, 2006.

The land before subdivision was divided into 495 square meters, etc. before G on July 6, 2006 (hereinafter “previous land”), and the Defendant becomes the sole owner of the previous land by taking over all other co-owners’ shares in the previous land.

C. On April 19, 2018, the Plaintiff: (a) increased the total business area from 273,818 square meters to 274,017.1 square meters with respect to the instant business; (b) changed the area of general land, land secured by the recompense for development outlay, land for public use, and land for public use; and (c) increased the total business expenses from 16,56,819,70 won to 20,837,098,50 won; and (d) decided and publicly announced a disposition of replotting by obtaining authorization for a change in the implementation of a project and a disposition of replotting (an alteration).

(hereinafter “instant replotting disposition”). D.

The contents of the instant replotting disposition related to the previous land are as follows: “The previous land shall be substituted by the substituted land with H 258.4 square meters (hereinafter “instant land”); the liquidation money to be borne by the Defendant is KRW 1,215,000 [Calculation: 0.6 square meters (i.e., the area of the instant land: 258 square meters - the area of the right to the previous land - the area of the previous land 257.8 square meters) 】 unit price of KRW 2,025,000 per square meter (the average of KRW 2,00,000 per square meter as a result of the appraisal conducted by the appraiser J in Ulsan-do branch of the Plaintiff at the request of the Plaintiff, and the market price of the instant land is 2,00,000,000 won per square meter, which is the result of the appraisal conducted by the appraiser J in Seoul-do and 1 square meter in Korea).”

E. On May 30, 2018, the Plaintiff’s land of this case, which became final and conclusive in the Defendant’s future.

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