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(영문) 수원지방법원 2016.11.25 2016가합70914

보상금

Text

1. The Defendant: (a) KRW 494,50,000 for the Plaintiff and KRW 5% per annum from September 27, 2016 to November 25, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff owned the land B, C, D, and E (hereinafter “each of the instant land”). The Defendant succeeded to the instant project from the Corporation, which obtained the approval of the housing construction project plan in relation to the G construction project of the Filsi District Filwon (hereinafter “instant project”), including each of the instant land, and becomes the subject of the instant project after obtaining the approval of the alteration of the housing construction project plan on July 23, 2015.

B. (1) On January 15, 2013, the Plaintiff: (a) on each of the instant lands, the Plaintiff leased the land B in Yongsan-si District as KRW 55,00,000 (including value-added tax); (b) from January 15, 2013 to January 15, 2018; and (c) from January 15, 2013 to January 15, 2018 (including value-added tax) (hereinafter “instant lease agreement”).

2) 2) The H was transferred the land under the above lease agreement and operated the automobile maintenance center (hereinafter “instant automobile maintenance center”) with the trade name “I” in the building owned by it (hereinafter “instant building”).

C. On September 2, 2015, the Plaintiff entered into a contract with the Defendant to sell all the instant land, its ground and underground buildings, obstacles, etc. (hereinafter “instant contract”).

2) The Plaintiff and the Defendant agreed on the following day:

(hereinafter referred to as “instant agreement” ). [The instant agreement] parcel number: The lessor of each of the instant lands, each of the instant lands, each of the instant lands, each of which was installed with permission or permission, on the ground and underground, and all of the obstacles, the ground objects, and the constructed (facilities) objects, etc. (referring to the instant sales contract or the instant agreement being occupied and leased as of the date of conclusion of the agreement): the lessee: The entire lessee of each of the instant lands, including the instant automobile mechanic.