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1. The Defendant shall pay to the Plaintiff KRW 48,205,100 and the interest rate of KRW 15% per annum from May 29, 2015 to the day of complete payment.
Reasons
Basic Facts
Busan Metropolitan City announced on April 11, 2012, and announced the project approval and announcement of the C Industrial Complex Development Project (hereinafter referred to as the "instant public works") by designating the defendant as the project implementer B.
The implementation of the instant public works, which is owned by Busan Metropolitan City, was 3,733 square meters (hereinafter referred to as “instant land”) and owned by the Busan Metropolitan City.
E, F, G, H, I, J (hereinafter referred to as “E and five others”), K, L, M,O, and P Co., Ltd. (hereinafter referred to as “K and three others”), some of the instant land and buildings on the ground thereof (hereinafter referred to as “the instant real estate”) were leased to and operated by the head of the Busan Metropolitan City Council, who is the manager thereof.
In the instant land, there were the obstacles indicated in the attached list (hereinafter “instant obstacles”), one iron paper (1.3 million won), five trees (3.60 million won).
(2) On April 15, 2013, the Defendant filed an application with the Busan Metropolitan City Regional Land Expropriation Committee for expropriation of the business loss compensation of the lessees of the instant real estate, including E, and compensation for the instant obstacles, etc. on August 28, 2013, and the said Expropriation Committee dismissed the application for expropriation ruling on August 28, 2013.
On January 17, 2013, the Defendant filed a lawsuit against nine lessees (E and five other lessees, K, N, and M) who do not leave the instant real estate (this Court Decision 2013Da4773). Of the said lawsuit, a settlement recommendation decision was finalized between the Defendant and K, and N, and the Defendant and the other lessees (E and five other lessees and M) of the said case were sentenced to order the delivery of the real estate possessed by the said lessee and the return of unjust enrichment until delivery.
E, five other, K, and three other, are the defendant.