(영문) 부산고등법원 창원재판부 2013.11.29.선고 2012나4452 판결

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(본소)토지인도등·보상비

Cases

(originalwon) 2012Na4452 (Delivery, etc. of Land in the Main Office)

(Counterclaim) 2012Na4469 (Counterclaim) Compensation

Plaintiff (Counterclaim Defendant) and appellant

Suwon District Urban Development Association

Law Firm A (Law Firm A)

Defendant Counterclaim Plaintiff, Appellant

A person shall be appointed.

Defendant, Appellant

A person shall be appointed.

The first instance judgment

Changwon District Court Decision 201Gahap8560 decided September 6, 2012 ( principal lawsuit), 2012Gaz.

Article 396 (Judgment on Counterclaim)

Conclusion of Pleadings

October 10, 2013

Imposition of Judgment

November 29, 2013

Text

1. All appeals filed against the Defendant (Counterclaim Plaintiff) B and Defendant C by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Purport of claim

[Defendant (Counterclaim Plaintiff)]

Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B”) against the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)

(a) Appendix 1 213, 213, 981 - 18, 212 - Each ground;

(a)the display of various items in the separate sheet No. 5, as listed in Section 8(b)(h)(i), and of the separate sheet No. 4;

Sub-si Kimhae-si 213 Ground point 2, point 3, point 8, point 241, point 19 or point 200

Mak trees, et al. 186 Gi (5 to 10 years), 212 of the same Act - point 201 to point 210

- 10 glus, et al., planted on the ground (5 to 15 glus), 981 - 18 - Ground point 211 to 15

For collection of pine trees and other (10 to 15) 30 girs planted in point 240;

(b) Annex 1 Map 213, Annex 212, 212-1 ground (2), 3, 4, 5;

⑥, ⑦, ⑧, ⑨, 1①, ②①, 1⑨, 18, ⑦, ⑥, ②를 순차로 연결한 선내 가. 다. 라. 마. 자 부분

A vinyl 3, 314 meters and the indication 2, 1, 213, 1, 213, 1, 1, 1, 2, 1, 1, 1, 1, 1,

The rest part of the ship connected to each route shall be 2 meters of toilets each.

【Defendant C】

Defendant C:

(a) Appendix 2: 217-6, 234-2 ground (i.e., 2, 3, 4);

(5) On board the ship, ② 1, 1, 1, 1, 22, and 1, 1, 1, 1, 1, 1, 1, 1 (l), 1.

A ship connected in sequence 6, 7, 8, 9, 00, 000 square meters and 911 square meters and 217 - 6, 8, 9, 0, 13, and 6

(a) B. 1. Part 2 - Each of the 981 - 19, 217 - 6, 234 - 2, respectively, with a vinyl house of the same part 36 square meters;

No. 2.1.2. 2. 2. 2. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1

B. Attached No. 217, 217, 6 - 1, 2, 3, 19, 22, 22, 10 in succession, 1.

로 연결한 선내 ( 차 ), ②2, ②⑦, 1⑨, 18, ②를 순차로 연결한 선내 ( 자1 ) 부분에 식재된 국

Shipboards with which chemical seedlings and crops are connected in sequence 10, 1, 1, 2, 1, 3, 1, 1 in sequence (n)

2 2 fluor, 1 fluor, 15 gluor, gluorine, 1 gluorine, bluorine 3

Ru, tin tree 11glue, sulphe 1glue, other than glue, glue-si, glue-si, glue-si, glue

217 - Dozines (five to seven years) planted in point 242 to 352 and others 11

Jin, 234, 234, 266 to 399, 376, 39, 300

c) collect bat 24 girs, cat cat cat cat 24 girs;

one shall be taken in each of them,

(d)Annex 2, 217-6, 234-2 ground (i.e., 2, 3, 4);

(5) On the ship: ①, ② 1, ② 1, ② 18, ② 1, and ② 1 in succession, k. (c) land on the 1st part.

911m and 217-6 ground (6), (7), (8), (9), (1), (1), (2), (3) and (6) are successively connected.

(n) 1.b. 1. Road 88 meters each be delivered.

[Counterclaim]

The plaintiff shall complete all the payment to the defendant B from the day following the service date of a copy of the counter-claim as well as 400,000,000 won

By the day, 20% interest per annum shall be paid.

Purport of appeal

Of the judgment of the first instance, the part against the plaintiff shall be revoked. The purport of the principal lawsuit against the defendant B and the defendant C

To seek a judgment, such as the purport of the claim.

Reasons

1. Scope of the judgment of this court;

The plaintiff filed a claim against the defendant Eul, such as the transfer of land, and the transfer of land against the defendant Eul. The defendant Eul filed a counterclaim against the defendant Eul. The court of first instance rejected the plaintiff's counterclaim against the defendant Eul, and all dismissed the plaintiff's claim against the defendant Eul and the plaintiff's claim against the defendant Eul. It is evident in the record that only the plaintiff filed an appeal against this issue. Therefore, the plaintiff's claim against the defendant Eul and the claim against the defendant C are only subject to the judgment of this court. Thus, it is reasonable to judge this issue.

2. cite the judgment of the court of first instance

The reasoning for this Court’s reasoning is as follows, and the reasoning for this Court’s reasoning is as stated in the judgment of the first instance except for the addition of the following matters. Thus, this Court’s reasoning is cited in accordance with the main sentence of Article 420 of

3. Additional determination

Even if evidence No. 23-1, No. 23-2, and No. 24 submitted by the Plaintiff at the trial room is considered together with other evidence, the Plaintiff’s assertion cannot be sought based on Article 38(1) of the Urban Development Act as to the delivery of land or removal of its ground objects in possession against the Defendants. Thus, the Plaintiff’s assertion is without merit (it does not change even if the Defendants planting trees on some land within the instant project district or occupy a plastic house, etc. without permission pursuant to Article 9(5) of the Urban Development Act after the designation of an urban development zone was publicly notified).

4. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the appeal of this case against the Defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

Judges

Justices Kim Jong-hwan

Judges Lee Jae-soo

Judges Park Jae-in

Site of separate sheet

A person shall be appointed.

심급 사건

-창원지방법원 2012.9.6.선고 2011가합8560

-부산고등법원 창원재판부 2013.11.29.선고 2012나4452

참조조문

-도시개발법 제9조 제5항

-도시개발법 제38조 제1항

-민사소송법 제420조