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(영문) 전주지방법원 2020.11.20 2018가단20288
매매대금반환
Text

The Defendant shall pay KRW 186,22,50 to the Plaintiff, as well as KRW 1.47% per annum from June 22, 2017 to May 26, 2018, and on May 27, 2018.

Reasons

1. Facts of recognition;

A. According to the Housing Site Development Promotion Act, the Plaintiff was approved by the Governor of Jeollabuk-do on December 31, 2009, as the project implementer of the Gunsan-dong and the Dosan-ri Station Area Development Project (hereinafter “instant project”).

B. On May 29, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase each of the lands listed in the separate sheet (hereinafter “land subject to sale”) owned by the Defendant in the instant project district in KRW 197,429,500 (hereinafter “instant sales contract”) and paid the purchase price to the Defendant on June 21, 2017.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4 (including able evidence), the purport of the whole pleadings

2. Determination as to the claim

A. Article 25(1) of the Housing Site Development Promotion Act provides that “Where a project implementer has installed new public facilities or facilities replacing existing public facilities by implementing a housing site development project, Article 65 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) shall apply mutatis mutandis to the attribution of such public facilities.” Article 65(1) of the National Land Planning and Utilization Act provides that “Where a person who has obtained permission for development acts is an administrative agency, where a person who has obtained such permission installs new public facilities or public facilities replacing existing public facilities, a person who has obtained such permission shall gratuitously vest in the management agency to manage such facilities, and the existing public facilities shall gratuitously vest in the person who has obtained such permission for development activities.” Article 19(2) of the Korea Land and Housing Corporation Act provides that “Where Article 65 of the National Land Planning and Utilization Act applies to a

State-owned river site has an entity that can be offered to the public in nature as it is.

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