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(영문) 서울고등법원 2015.01.29 2014나2007047

토지인도 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Article 1-A of the judgment of the court of first instance

Reasons

1. Basic facts

A. On April 26, 2012, the Plaintiff’s head of the Gu approved and publicly notified the implementation plan for the public parking lot construction project (hereinafter “instant project”) by Hdong Housing (hereinafter “Hdong Housing”) with a project area consisting of a total of 1170.6 square meters outside Seoul G and six parcels (hereinafter “Seoul”), and thereafter, on May 24, 2012 and July 5, 2012, each of the above implementation plan was amended and publicly notified.

B. At the time of the implementation of the instant project, the Defendant: (a) owned each of the instant real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”; and (b) owned each of the instant real estate listed in the separate sheet (hereinafter referred to as “instant land”; and (c) owned each of the instant buildings listed in the separate sheet (hereinafter referred to as “instant building”).

C. On November 9, 2012, the Plaintiff requested the Defendant for consultation on the acquisition of each of the instant real estate, but filed an application for adjudication of expropriation with the local Land Expropriation Committee in Seoul Special Metropolitan City. On November 9, 2012, the Seoul Special Metropolitan City Local Land Expropriation Committee: (a) accepted each of the instant real estate for the instant project; (b) paid compensation of KRW 1,023,960,70 for each of the instant real estate and its obstacles to the Defendant; and (c) made an adjudication of expropriation with the purport that the date of commencement of expropriation would be December 28, 2012 (hereinafter “instant adjudication of expropriation”).

The Defendant raised an objection to the adjudication of expropriation by the Central Land Expropriation Committee on November 9, 2012, and the Central Land Expropriation Committee rendered an objection on May 23, 2013 to partially increase the amount of compensation against the Defendant (hereinafter “the instant objection”).

E. On December 28, 2012, the Plaintiff, upon the Defendant’s failure to receive the above compensation, deposited the Defendant as a depositee and paid the compensation for losses arising from the instant decision of expropriation under the Seoul Eastern District Court Decision No. 5290, supra. On January 7, 2013, the Plaintiff completed the registration of ownership transfer for each of the instant real estate on December 28, 2012.

(f).