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(영문) 서울중앙지방법원 2015.08.21 2014가합508998

약정금

Text

1. The Defendant’s KRW 24,00,000 as well as 5% per annum from July 1, 2010 to August 21, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 2008, the Plaintiff owned each of the instant real property based on donation, and owned it. However, around 1990, the Plaintiff-type B, who was the Plaintiff, was directly planted 3,000 shares on each of the instant real property, and afforested it to its own funds.

B. The head of the National Defense Facility Headquarters obtained approval of an implementation plan pursuant to Article 4 of the former Act on National Defense and Military Installations Projects (amended by Act No. 10926, Jul. 25, 201) for the purpose of the “C training site project,” which is a national defense and military installations project (hereinafter “instant project”), and the Minister of National Defense thereafter announced the implementation plan pursuant to Article 5(2) of the same Act.

(Public Notice of Ministry of National Defense No. 4 September 4, 2008).

Accordingly, on September 2, 2009, the Plaintiff entered into an indemnity agreement and indemnity agreement (hereinafter “instant indemnity agreement”) with the head of the Army EM unit in the Army, with the content that the Plaintiff sells each of the instant real estate in KRW 450,489,330 (hereinafter “instant indemnity agreement”). On the same day, the Plaintiff entered into the instant agreement with the head of the Army EM unit EM unit’s office of business and the head of the Army EM unit’s office of business to compensate for trees (hereinafter “the instant certificate of tree indemnity”).

The number of tree compensation certificates: F and G verify that the forest of the standards, etc. afforested on the land located above is a plan for compensation after investigating and evaluating the future afforestation area, afforestation quantity, species, elevations, etc. within June 2010.

On September 3, 2009, the Plaintiff completed the registration of ownership transfer on the ground of the “acquisition of land for public use on September 2, 2009” (hereinafter “each registration of ownership transfer”) with respect to each of the instant real estate to the Defendant on September 3, 2009.

E. After that, the Plaintiff is the head of the National Defense Facility Headquarters and the Plaintiff’s head of each real estate of this case (hereinafter “the instant trees”).

The Central Land Expropriation Committee has tried to hold a consultation on the compensation of 4,00ism but as a result, the consultation has failed to take place.