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(영문) 서울고등법원 2019.12.19 2019누35123

수용재결취소

Text

1. The lawsuit of this case is dismissed in exchange for another court.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

The project approval process and the name of the public announcement of the project: The public announcement of the project approval process and the name of the project in Ansan-si B (hereinafter referred to as the “instant project”): The public notification of Ansan-si on December 16, 2015, D public notification of Ansan-si on November 10, 2017, and E project operator publicly notification E in Ansan-si on November 20, 2017: The date of expropriation of the adjudication of expropriation (hereinafter referred to as the “adjudication of expropriation”) by the Defendant Gyeonggi-do Regional Land Tribunal on February 28, 2018: The land subject to expropriation on April 14, 2018: The same shall apply to each land (hereinafter referred to as “instant land”).

Compensation for expropriation: The plaintiff raised an objection against the ruling of acceptance of this case in 208,242,000 and the ruling of expropriation of this case filed an objection against the ruling of expropriation of this case with the local Land Tribunal of Gyeonggi-do on April 11, 2018.

On March 22, 2018, the Defendant deposited KRW 208,242,00 in the Plaintiff’s future the expropriation compensation amounting to KRW 208,242,00, which was stipulated in the instant expropriation ruling by the Suwon District Court’s Suwon District Court’s KRW 671. The Plaintiff paid the said deposit on April 19, 2018.

[Ground of recognition] The defendant's assertion as to the defendant's defense prior to the merits of the lawsuit of this case as to facts without dispute, Gap's evidence Nos. 1 through 3, 40, Eul's evidence Nos. 6 and 11, and Eul's assertion as to the defendant's defense prior to the merits of the lawsuit of this case, since the plaintiff did not withhold the objection against the compensation deposited pursuant to the adjudication of expropriation of this case, and accepted the result of the adjudication of expropriation of this case without reservation, the lawsuit of this case is unlawful as it

Facts of recognition

The following facts are acknowledged if the whole purport of the pleadings is added to the evidence mentioned above and the statements mentioned in Gap evidence Nos. 5, 10, 29, 30, 32 through 35, 39, 41, 42, Eul evidence No. 1, 5, and 9 (including additional numbers):

In the instant land, the right to collateral security was established on the instant land, which is the joint collateral of the debtor, G, mortgagee J, and maximum debt amount of KRW 500,000,00. However, the Defendant, on November 18, 2014, on the ground of transfer of contract.