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(영문) 대전지방법원 2016.12.09 2016가단10046

수용보상금청구권 양도

Text

1. The defendant shall be the defendant on June 10, 201 by the non-party Korea Land and Housing Corporation as the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff’s Intervenor, along with the Defendant, Nonparty D, etc., purchased “Yeongsung-gu E 5,630 square meters (hereinafter “the instant land”)” jointly, and jointly installed a vinyl house on the instant land and cultivated the rooftop, etc. (hereinafter “instant obstacles”), and the owner of the instant land and obstacles is the Defendant.

B. The Plaintiff’s Intervenor’s share in the instant obstacles and the instant land is 25/55.

C. On December 8, 2015, the Plaintiff’s Intervenor transferred “20,487,093 won and all of its incidental claims out of the claims for the expropriation of obstacles to the ground surface of the Daejeon Seongbuk-gu E” to the Plaintiff, and sent them to the Defendant by mail proving the contents thereof, and the mail certifying the contents thereof reaches the Defendant on December 10, 2015.

Meanwhile, the Korea Land and Housing Corporation, which was a project implementer, intended to pay the expropriation compensation for the instant land and obstacles (hereinafter “the expropriation compensation amounting to KRW 845,578,00,00, = 800,023,00) to the Defendant. However, the Plaintiff filed an application for provisional injunction against disposal of KRW 20,485,00, out of the Defendant’s claim for the expropriation compensation amount, and the Korea Land and Housing Corporation deposited the said compensation amount with the Daejeon District Court No. 3346, Jun. 10, 206, on the ground that the Defendant was deposited as a deposit on June 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 8, Eul evidence No. 1, and the fact inquiry results about the Korea Land and Housing Corporation, the purport of the whole pleadings

2. According to the above facts of recognition, among the defendant's claims for compensation for expropriation of obstacles against the Korea Land and Housing Corporation, the amount equivalent to the shares of the plaintiff's assistant participant among the defendant's claims for compensation for expropriation of obstacles against the Korea Land and Housing Corporation was KRW 20,706,818 (=45,55,000 x 25/55). Among them, the plaintiff's assistant participant legally transfers "a total amount equivalent to KRW 20,487,093 and its incidental claims to the plaintiff" to the