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(영문) 수원지방법원 2016.09.28 2014구합52139
보상금증액
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a project implementer of the Housing Site Development Project in the Zone B (hereinafter “instant project”). The Plaintiff is a person who installed a vinyl house, etc. on the ground of the 6,091m2 (hereinafter “instant land”) located in the project district in Seongbuk-gu, Sungnam-si, Sungnam-si, Seoul, and engaged in the flowering business.

The plaintiff and the defendant agree with respect to the articles in the attached Form (Omission) to be incorporated in the project of this case as follows:

The plaintiff to establish an agreement under Article 1 shall fully remove or move the subject land at the time prescribed in Article 5, and the defendant shall pay compensation therefor.

Article 2 Compensation (including business compensation in case of business compensation; hereinafter the same shall apply) for the land subject to compensation shall be 322,478,120 won.

Article 5 (Removal, Relocation, etc.) (1) The Plaintiff shall completely remove or move the subject land at its disposal until May 31, 2010.

B. On December 29, 2009, the Plaintiff entered into an agreement on compensation of obstacles (hereinafter “instant agreement”) as set forth in the attached list Nos. 16 through 21, 23 through 28, 31 through 38, 40 through 46, 50 through 58, 64, 65, 68 through 74, 77, 87, 88, 90, 91, and 103 (the Plaintiff limited the object of seeking compensation for sales losses of the agricultural organization as set forth in the claim and the application for change of cause of the claim as of July 8, 2016 to each of the above items; hereinafter “each of the instant items”).

The Plaintiff, by May 31, 2010, promised to transfer 107 obstacles to the land surface of the instant case to an area other than the instant project zone. In the event of removal by the date of the promise to remove, the Plaintiff promised to waive all rights (ownership, etc.) to the said objects, to immediately remove them, and to not claim all civil and criminal responsibilities and compensation for damages arising therefrom.

C. The Plaintiff is as follows at the time of concluding the instant agreement.

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