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(영문) 울산지방법원 2015.06.05 2015가단1214
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from February 18, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff owned 1805/2630 shares among the co-owners of Ulsan-gun B, Ulsan-gun, B, 307.1 square meters (D 307.2 square meters of land scheduled for replotting with respect to the area of 526 square meters prior to Ulsan-gun, Ulsan-gun, Ulsan-gun, by a land readjustment project; hereinafter “instant land”). On July 17, 2009, the Defendant is a co-owner who delegated the land readjustment project in the E district (hereinafter “instant project”) including the said land from the E District Land Partition Association and arranged the division.

B. The Plaintiff was residing in the Ulsan-gun F housing located in the instant project site, but did not consult with the Defendant on the compensation for the removal of obstacles, relocation expenses, etc.

Therefore, the defendant obtained permission from the Ulsan-gun Office for compulsory removal of the plaintiff's above house, and intended to deposit 12,009,000 won for appraisal compensation and forced removal, but the plaintiff refused voluntary removal and relocation, and failed to remove the above house by force due to the loss of garbage.

C. On November 9, 2010, the Plaintiff agreed with the Defendant to withdraw from the Ulsan-gun F Housing (hereinafter “instant agreement”) and agreed with the Defendant on the following terms (hereinafter “instant agreement”).

(1) The defendant shall pay to the plaintiff 64,50,000 won in total as compensation for removal of obstacles to the F of Ulsan-gun, relocation expenses, and compensation for trees.

(2) The defendant shall pay 3,200,000 won in cash out of the compensation under Paragraph (1) above at the time of agreement.

(3) The defendant shall pay 12,009,000 won in cash out of the compensation under paragraph (1) above at the time of agreement with the deposited amount.

(4) The Defendant shall pay to the Plaintiff the amount of KRW 49,291,00 of the compensation under the above paragraph (1) as a substitute to the Plaintiff not later than the completion of the E Housing Site Association’s business, the amount of KRW 96.36 square meters of the shares of Samil Construction (the acquisition of the shares of Samil Construction (E site is registered in the course of performing duties, but shall be returned to the Association) as of the present 307.2 square meters of the total of 307.2 square meters of the land substitution D in the E-Land Partitioning Zone D, and the payment rate shall be KRW 49,291,530, 00.

(v).

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