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(영문) 수원지방법원성남지원 2014.07.15 2013가합2777

약정금 등

Text

1. The Plaintiff, Defendant C, Defendant D, E, and G, respectively, KRW 1,159,060, and Defendant H, KRW 11,583,652, and each of the said money.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the overall purport of the arguments and answers to the inquiries by the Korea Land and Housing Corporation and the statements in Gap evidence Nos. 1, 6, 8, 9 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3 and the fact-finding reply to the Korea Land and Housing Corporation

The deceased B is a person who was the owner of 1/2 of an I 5,531 square meters, and Defendant H is a person who was the owner of an I 5,531 square meters of 1/2 of 5,000 square meters and J 2,367 square meters of 2,000 square meters of 1/2 of 5,000 square meters of 5,000 square meters.

B. From October 1991 to April 201, 201, the Plaintiff leased each of the instant land from the net B and Defendant H in a rent of at least 3.6 million won per annum, and cultivated a vinyl house in that place, such as a drilling, spawru, spawru, spats, etc.

(c) The Korea Land and Housing Corporation has acquired, respectively, J land on June 9, 201 and I land on June 9, 201 from the network B and Defendant H in order to construct Bogeumjari Housing units in the K House and on June 9, 201.

On May 17, 2011, the deceased B entered into a contract with the Korea Land and Housing Corporation for indemnity of obstacles to each of the instant land. On May 30, 2011, the Korea Land and Housing Corporation received KRW 93,600,990 as compensation for obstacles to each of the instant land, and paid the said compensation by account transfer to the Plaintiff on July 26, 201.

E. In addition, on March 30, 2012, the network B and Defendant H filed an application for agricultural loss compensation with the Korea Land and Housing Corporation on their own initiative. Accordingly, the Korea Land and Housing Corporation paid KRW 6,374,832 to the network B as compensation for losses on September 11, 2012, and KRW 4,049,760 as compensation for losses to Defendant H on September 14, 2012, and KRW 6,374,832 as compensation for losses to I.

2. The Plaintiff’s assertion is subject to the payment of agricultural compensation and obstruction compensation with respect to each land of this case by the deceased B and Defendant H, and the deceased B and Defendant H set up farming houses from each land of this case, and the Plaintiff’s respective land of this case.