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(영문) 수원지방법원 2016.05.04 2014구합5669

손실보상금(누락분)

Text

1. The part concerning claims for compensation and the part concerning claims for cancellation of a sales contract in the instant lawsuit shall be dismissed, respectively.

2...

Reasons

1. Basic facts

(a) Business authorization and public notice - Stockpiling project (B) - Stockpiling project (hereinafter “instant project”) - C public notice given by the Seoul Regional Land Management Agency on November 15, 2004, D public notice as of September 30, 201, and E public notice given by the Ministry of Land, Transport and Maritime Affairs on August 3, 2009 - Project operator E: Defendant

B. On March 13, 2013, the Plaintiff and the Defendant entered into an agreement on the compensation of 59,500,000 won (16,80,000 won for business compensation) totaling the amount of compensation on part of the obstacles to the land of the FF land incorporated into the instant project site, and on the business compensation incorporated into the instant project site, and the Defendant paid all the aforementioned compensation for consultation to the Plaintiff. (2) On March 13, 2013, the appointed parties entered into an agreement on the compensation of 193,178,870 won for the obstacles to the land of the FF land incorporated into the instant project site. The Plaintiff completed the registration of ownership transfer for the land of 30,00 won for the land of 44,84,500 won for 30,000 won for each of the instant land, and the Defendant completed the registration of ownership transfer for 30,000 won for each of the instant land of 30,50,000 won for each of the instant land.

C. The Central Land Tribunal’s ruling of expropriation on February 20, 2014 and the ruling of correction on April 17, 2014 (hereinafter “instant ruling of expropriation”): The amount of compensation shall be set at KRW 6,600,000 as to the part of the obstacles owned by the Plaintiff on the ground of the F in terms of harmony [excluding the obstacles on which consultation compensation was made in the above (b) 1]. The starting date of expropriation: April 15, 2014; - Upon the Defendant’s request, the above compensation shall be corrected to KRW 7,150,000 on April 17, 2014 (hereinafter “instant ruling of expropriation”). < Amended by Act No. 12726, Jun. 19, 2014>