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(영문) 수원지방법원 2014.07.22 2013가단221783
약정금
Text

1. The Defendant: KRW 94,33,30 for the Plaintiff and KRW 5% per annum from November 29, 2012 to May 20, 2014; and

Reasons

1. Facts of recognition;

A. A. A around May 1, 2007, the Plaintiff, a production green belt from A, leased 4,508 square meters in Gwangju-si, Gwangju-si, the farmland ownership of which was located in the Agricultural Promotion Area, C 2,388 square meters, D 380 square meters in size, E field 2,03 square meters in size prior to partition, and then filled up the above land with two meters in volume as earth and sand and installed containers on that land.

B. Since then before the foregoing subdivision, B 4,508 square meters was divided into B 2,418 square meters and F 2,090 square meters around March 25, 2009, and the E- field 2,03 square meters prior to the said subdivision was divided into E 100 square meters and G 1,93 square meters around March 25, 2009.

C. In order to implement H business, the Plaintiff consulted with the Defendant on the land of Gwangju-si, Gwangju-si, 2,388 square meters, D 380 square meters, F 2,090 square meters, and G 1,933 square meters (hereinafter “each of the instant lands”). On the other hand, the Plaintiff entered into an agreement with the Defendant on the compensation agreement with respect to containers, ornamental water, lost water, etc. on each of the instant lands (hereinafter “instant obstacles”) and the expenses for raising the earth of each of the instant lands (hereinafter “the instant banking costs”). On July 2010, the Plaintiff entered into an agreement on the compensation with the Defendant through an appraisal by the Japanese Appraisal Corporation, the Central Appraisal Corporation, and the Korea Appraisal Corporation, and the Korea Appraisal Corporation, with respect to the instant obstacles, and entered into an agreement on the compensation agreement with the Defendant and the parties to the agreement on the compensation of the instant obstacles, without delay, to make an excessive payment of the compensation amount under Article 262,016,660 won, total 333,3539,99.

Accordingly, the Plaintiff paid KRW 356,349,990 as compensation to the Defendant around July 19, 2010, but thereafter, the expenses for raising the instant earth around November 26, 2012 are each of the instant cases.

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