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(영문) 서울고등법원 2018.09.20 2018나2003791

토지인도 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Order 1 of the first instance judgment

Reasons

1. Basic facts

A. From 197 to 197, the Plaintiff publicly announced a plan for compensation for incorporated land and obstacles under the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss (amended by Act No. 6656, Feb. 4, 2002; hereinafter “former Special Cases Act”) to the owners of land and interested parties in the land in the Jung-gu Seoul Special Metropolitan City and the BA Dong for the purpose of creating AY.

B. Since 198 to 206, the Plaintiff acquired ownership and paid compensation to the original owner on the ground of the acquisition of land under the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), which includes the land AW 2,066 square meters (hereinafter “the instant land”) in Seongdong-gu, Seongdong-gu, Seoul and the AX 1,874 square meters (hereinafter “the instant land”). On August 14, 2003, the Plaintiff completed the registration of ownership transfer on the instant land No. 1 due to consultation on the Plaintiff’s future acquisition of public land.

C. The Defendant: (a) leased the instant land No. 1 and No. 2 before the Plaintiff acquired ownership of the instant land; and (b) cultivated the instant land by using plastic houses, etc.; (c) the Plaintiff reserved consultation on compensation for losses due to lack of budget, etc.; (d) during the period from the end of 2011 to the end of 2013 to the end of 2013, the Defendant entered into a loan agreement with the Defendant on the part of the Defendant in possession of the instant land No. 1 and the instant land (hereinafter “instant loan agreement”); and (e) extended the lease period by one year.

The first sentence of Article 11 of the Public Property Loan Agreement in relation to the instant loan agreement shall be construed as "the lessee (the defendant) where the loan period expires or the contract is terminated.