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(영문) 창원지방법원 2016.11.16 2015나11483
보상금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On March 3, 2010, the Defendant: (a) lent to the Plaintiff a deposit of KRW 3,000,000, monthly rent of KRW 300,000 and KRW 300,000 (hereinafter “the instant sub-lease contract”); (b) determined that the Plaintiff is the lessor’s share of compensation for facilities when the said land is developed; and (c) the said property, including plants, belongs to the lessee’s ownership.

B. There is a panel assistance office in the HES facilities of this case.

C. During the compensation for the instant land and its ground, B Urban Development Project Cooperatives decided to pay the amount of compensation to the Plaintiff KRW 35,160,320 to the Plaintiff as compensation for the panel and signboard located within the pertinent subordinate facilities, and KRW 10,432,330 to the Defendant as compensation for the instant subordinate facilities. However, upon the Defendant’s filing of an objection to the said amount of compensation, the Defendant deposited KRW 35,160,320, and KRW 320 as compensation for the board and signboard portion among the subordinate facilities of this case on the ground that it was impossible for creditors to raise an objection to the said amount of compensation, and KRW 35,160,320 as compensation for the board and signboard portion among the subordinate facilities of this case on the ground that it was impossible for creditors to do so, KRW 1,56,276,276 (hereinafter “the total amount of compensation for delay and late payment damages of KRW 360,364,466,57,379,” and the total amount of compensation for the instant facilities.

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 4, and the purport of whole pleading

2. Determination as to the cause of action

A. The part of the panel within the House of the Plaintiff’s assertion of the parties is established by the Plaintiff, and is not included in the facilities determined at the time of the sub-lease agreement.

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