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(영문) 인천지방법원 2015.09.11 2014가합61278
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,872,771,370 as well as 20% per annum from January 13, 2015 to the date of full payment.

Reasons

1. Basic facts

A. In around 1977, the Defendant installed the electric voltage 345 KV transmission tower 1 and the transmission line connected to the above transmission tower (hereinafter “the transmission tower, etc.”) on the ground of the land of 182-184 Miscellaneous land, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon (hereinafter “instant land”).

Since then, the Plaintiff or the Plaintiff’s members acquired the ownership of the instant land, which is a reconstruction improvement project association established by the sectional owners of wooden-do Ba, located on the ground of the instant land for the reconstruction project of multi-family housing.

B. On June 19, 2001, the Plaintiff and the Defendant moved to the transmission tower, etc. in the course of the Defendant’s cooperation, and concluded an agreement between the Plaintiff and the Defendant that the Plaintiff bears the costs of construction and would not raise any civil objection (hereinafter “instant agreement”).

C. The Plaintiff filed a lawsuit against the Defendant seeking the removal of the transmission tower, etc. of this case and the transfer of the land of this case (Seoul District Court 2007Kadan34066). The Incheon District Court rendered a judgment citing the Plaintiff’s claim on August 18, 2008.

The Defendant appealed (Seoul High Court 2008Na83099), and the appellate court rendered a decision of compulsory adjustment that “the Plaintiff will remove the transmission tower of this case and remove the transmission line, but the construction cost shall be resolved later by the Plaintiff and the Defendant.” The decision of compulsory adjustment became final and conclusive around that time.

The Plaintiff required construction costs of KRW 1,872,771,370 as shown in the attached list, and implemented the removal of the transmission tower and the relocation of the transmission line.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 14 (including paper numbers, hereinafter the same shall apply), Eul's evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant obtained consent to use the instant land from the previous owner, etc. of the instant land or paid the price thereof.

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