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(영문) 의정부지방법원 2016.07.01 2014가합5873
부동산 인도 등
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 22,794,708 and the interest thereon from May 28, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the implementor of the Bogeumjari Housing Project in Namyang-gu, and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that engages in the business of manufacturing and trading electronic components by leasing the buildings listed in attached Table 2 (hereinafter “instant building”). Defendant B is the representative of the Defendant Co., Ltd.

B. The Plaintiff paid compensation to the land listed in attached Table No. 1 (hereinafter “instant land”) in accordance with the procedure for the acquisition of public land through consultation, and completed the registration of ownership transfer on August 16, 2012, and paid compensation in accordance with the procedure for the acquisition of public land sites for the obstacles, including the instant building on the instant land, and completed the registration of the right to claim ownership transfer on June 7, 2012 due to the pre-sale of purchase and sale as of May 4, 2012.

C. On December 19, 2013, the Plaintiff (a lessee of the instant building), who attempted consultation on compensation with the Defendant Company, but did not reach an agreement, was requested by the Central Land Expropriation Committee to render adjudication, and (b) decided on December 19, 2013 that “the compensation to the Defendant Company shall be set at KRW 15,093,330, and the commencement date of expropriation shall be February 11, 2014.”

On February 10, 2014, the Plaintiff deposited the above KRW 15,093,330 for the Defendant Company.

E. On December 29, 2014, the Plaintiff filed an application for provisional disposition for India’s Republic of Korea District Court 2014Kahap304 with respect to the instant land and buildings, and received the decision of acceptance on December 29, 2014. On January 16, 2015, the Defendant Company removed and removed the machinery equipment installed in the instant building.

F. Meanwhile, among the 2,000 square meters of the instant land, trees are planted in the area of 300 square meters, and the determination of compensation for expropriation of trees owned by the Defendant Company was omitted, and upon the Plaintiff’s application, the Central Land Expropriation Committee determined that “the compensation for trees to be paid to the Defendant Company shall be KRW 9,636,500,” and the date of commencement of expropriation shall be November 10, 2015.”

(g)...

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