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1. The Jindo-gun’s deposit of 39,370,450 won in gold No. 197 in March 19, 2018 exceeds 19,584,850 won.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Jindo-gun established and implemented a C business, and the area of 188 square meters of the entire Jindo-gun D forest land (hereinafter “instant land”) was included in the land subject to the said business.
B. Accordingly, Jindo-gun, who is the owner of the instant land, was in the state of not being registered on the instant land and its ground (53.17 square meters; hereinafter “instant panel housing”), container housing (22.56 square meters; hereinafter “instant container housing”) and trees, but did not reach an agreement, and conducted the procedure for expropriation.
C. On March 19, 2018, Jindo-gun deposited KRW 39,370,450, total amount of the compensation for expropriation as KRW 197 of this Court, on March 19, 2018, on the ground that the land of this case and the instant land of this case and the trees planted on the instant land were owned by the Plaintiff during the above accommodation procedure, and designated the deposited person as the Plaintiff.
Of the above 39,370,450 won, the compensation for confinement for the house of this case is KRW 19,584,850.
On the other hand, on March 19, 2018, the Jindo-gun deposited the amount of KRW 4 million for the expropriation of the container house of this case in the above accommodation procedure as gold No. 198 of this Court in March 19, 2018, on the ground that there is a dispute over ownership, and designated the deposited person as the plaintiff or defendant.
[Ground of recognition] Evidence A Nos. 1 and 2, Evidence A No. 11-1 and 2, the purport of the whole pleadings
2. Determination as to the part related to KRW 39,370,450 deposited by this Court gold No. 197 in 2018
A. The parties asserted that the Plaintiff Jindo-gun deposited the instant land and the instant land, the instant panel housing, and the trees planted on the instant land with gold No. 197 of this Court in 2018, and designated the deposited person as the Plaintiff. As such, the Plaintiff, Jindo-gun’s claim for payment of the said deposit was against the Plaintiff.
Nevertheless, the defendant asserts that the house of this case is its own ownership and compensation for confinement of the house of this case out of the deposit money.