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(영문) 서울고등법원 2015.03.19 2014나43757
약정금 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), Gap evidence Nos. 6, Gap evidence Nos. 8 through 10, Eul evidence Nos. 1 to 3, and the fact inquiry results with respect to the Korea Land and Housing Corporation by the court of first instance as a whole:

The deceased B owned 1/2 of the 5,531 square meters in Hanam-si, and Defendant H owned 1/2 of the above land and J 2,367 square meters in 1/2 of the above land (the total of each of the above land is hereinafter referred to as “each of the above land”).

B. From October 1991 to April 201, 201, the Plaintiff leased each of the instant land from the net B and Defendant H in a rent of KRW 3.6 million per annum to set up a vinyl in the relevant place, and cultivated drilling, saves, saves, saves, etc.

C. The Korea Land and Housing Corporation acquired the said J land from the network B and Defendant H on June 9, 201, and on June 9, 201, I land under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

On May 17, 2011, the network B entered into a contract for indemnity of obstacles to each of the instant land with the Korea Land and Housing Corporation, and on May 30, 2011, the Korea Land and Housing Corporation paid KRW 93,60,990 as the obstacle compensation for each of the instant land, and paid the Plaintiff in full amount on July 26, 201.

E. On March 30, 2012, the network B and Defendant H filed an application for agricultural loss compensation with the Korea Land and Housing Corporation. On September 11, 2012, the network B and the Korea Land and Housing Corporation paid KRW 6,374,832 with respect to the said I’s share of KRW 1/2 of the said I, and Defendant H received KRW 6,374,832 with respect to the said share of KRW 1/2 of the same land on September 14, 2012, and KRW 4,049,760 with respect to J.

F. On August 17, 2013, the deceased on August 17, 2013 during the first instance trial, Defendant C, his or her wife, succeeded to the respective shares of 3/11, Defendant D, H, E, and F, his or her children, respectively.

2. The Plaintiff’s assertion and Defendant H are the Plaintiff’s net B and Defendant H.

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