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1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.
2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. The Defendant is an implementer of the Dong-gu Daejeon Metropolitan City Urban Development Project (hereinafter “instant urban development project”), and the Plaintiff and the designated parties are co-owners of the Dong-gu Daejeon-gu Daejeon-gu G major 989m2 (hereinafter “instant land”).
B. Around August 12, 2009, the Defendant established a replotting plan for the instant land to be reserved for replotting in relation to the instant urban development project, and notified the Plaintiff and the designated parties thereof. As to this, the Plaintiff and the designated parties submitted a written opinion to the Defendant that excluded the instant land from the replotting subject thereto.
C. Around October 13, 2009, the Defendant notified the Plaintiff and the appointed parties of the result of the review that they would process the instant land in cash by reflecting the above opinion, and stated KRW 842,560,661 in the column for the settlement of “the description of the designated land to be substituted”.
Around December 2009, the Defendant drafted a written compensation agreement with the Plaintiff and the Selection Party D, and E on the land of the Daejeon Dong-gu, Daejeon, and on the housing, trees, etc. located on the instant land.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is 842,560,661 won of the liquidation money for the instant land. The Defendant agreed to pay the liquidation money to the Plaintiff and the designated parties by December 31, 2009, along with the compensation for obstacles.
Therefore, the defendant should pay the amount calculated by dividing 842,560,661 won per each of the plaintiff and the designated parties according to the share ratio of the land in this case and the delay damages from December 31, 2009.
3. Determination on the cause of claim [Urban Development Act] (1) Where an implementer of an urban development project intends to implement all or part of the urban development project by replotting, he/she shall prepare a replotting plan including the following matters:
1..