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(영문) 서울고등법원 2019.10.22 2019재누10

손실보상금

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

The following facts are apparent or apparent to this court in the judgment subject to a retrial.

The defendant is the project implementer of Pyeongtaek-si B, Cdong, Ddong, Edong, Edong, and F, and the plaintiff is the owner of Pyeongtaek-si H, I land (hereinafter collectively referred to as the "instant land") and buildings on the ground (hereinafter referred to as the "instant building") in the project area of the instant project.

B. The Defendant sent the Plaintiff a “statement of the amount of loss compensation” as stated in the compensation for losses (total amount: KRW 237,963,630) on the obstacles to the land of this case on the date and the content thereof are as shown in the attached list.

C. Meanwhile, on January 27, 2010, the J organization, the mortgagee of the instant land and the building, received a voluntary decision to commence the auction on the instant real estate from Suwon District Court, Suwon District Court K, and on February 2, 2010, issued the Plaintiff’s order of seizure and assignment of the claim for compensation for losses concerning the instant land as the District Court No. 2010TT1208. The said order was served on the Defendant, the garnishee, at that time.

The defendant is on August 201, 201, the Suwon District Court of Suwon-si branch of Dongwon District Court.

The Plaintiff deposited KRW 1,077,193,00 for the instant land on the grounds of the seizure stated in subsection (Deposit Number: Suwon District Court KRW 1562,00 (No. 1562), and the deposit was distributed to the Plaintiff’s creditors, including the J organization, in accordance with the distribution procedure on October 27, 201, according to the distribution procedure.

(Case Number: Ku Government District Court L. e.

The building of this case is above March 4, 2013.

In the auction procedure described in paragraph (1) (hereinafter “instant auction”), M was sold to M in KRW 171,300,000, and M completed the registration of ownership transfer concerning the said building on March 19, 2013.

F. On June 16, 2017, the Plaintiff consulted the Defendant with respect to the instant land obstacles, such as the Plaintiff and the Defendant, as indicated in the separate sheet.