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(영문) 수원지방법원 2014.08.21 2014가합2757

정산금

Text

1. The Defendant’s KRW 93,750,562 as well as the Plaintiff’s annual rate of KRW 5% from February 7, 2014 to August 21, 2014.

Reasons

1. The Ministry of National Defense, which belongs to the Republic of Korea (No. 3 Military Headquarters), used 3,980 square meters of D forest and E forest and 34,419 square meters of land (hereinafter “each of the instant lands”) in the Republic of Korea, which is owned by the Plaintiff, free of charge, and began negotiations with the Plaintiff to acquire each of the instant lands as military installation sites around August 2003.

The Defendant, an attorney-at-law, accepted the case of filing an objection against the adjudication on expropriation of each of the instant lands from the Plaintiff, agreed that the starting amount at the time shall be two million won, and the contingent fees shall be the amount equivalent to 20% of the difference between the compensation determined in the instant adjudication and the already notified compensation (1,398,973,000 won).

As the Republic of Korea did not reach an agreement on the amount of compensation with the Plaintiff, the Central Land Expropriation Committee filed an application for adjudication on the expropriation of each of the instant lands with the Central Land Expropriation Committee. On January 21, 2003, the Central Land Expropriation Committee rendered an adjudication on expropriation of each of the instant lands with the amount of compensation of KRW 1,605,078,200, and the Republic of Korea did not object to the adjudication on expropriation of each of the instant lands. The Plaintiff’s objection against the adjudication on expropriation was defective by the Central Land Expropriation Committee, and the Central Land Expropriation Committee raised the amount of compensation of KRW 1,65

The plaintiff filed a lawsuit against the Republic of Korea claiming the revocation of land expropriation (hereinafter referred to as "related lawsuit") under the Seoul Administrative Court 2003Guhap18972, and the above court rendered a judgment on August 11, 2004 that "the Republic of Korea shall pay to the plaintiff 21,97,700 won and damages for delay, and the costs of lawsuit shall be borne by the Republic of Korea." The above judgment became final and conclusive on September 9, 2004.

On October 21, 2010, the Seoul Administrative Court rendered a decision that “The amount of the litigation cost that the Republic of Korea has to pay to the Plaintiff is KRW 6,851,038” (No. 2010 A. 2338). The Plaintiff received the said amount from the Republic of Korea based on the said decision.