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(영문) 수원지방법원 2016.12.02 2016가합76608
청구이의
Text

1. The Defendant’s exercise of power over the Defendant’s claim for the increased amount of compensation No. 2014Guhap1131 against the Plaintiff.

Reasons

1. The following facts are acknowledged according to the facts without dispute over the basic facts, the entries in Gap evidence 1, 2, and 3, and the purport of the whole pleadings:

A. The Plaintiff agreed to expropriate D and E land at the time of strike, which is the non-party C owner of the housing site development project, and the Central Land Expropriation Committee intended to pay KRW 2,113,957,170 (hereinafter “the amount of the instant adjudication on expropriation”) according to the adjudication on expropriation on December 19, 2013, but when the prohibition of payment of compensation for expropriation conflicts with the provisional disposition on prohibition of provisional disposition on expropriation and seizure, the Plaintiff deposited the said amount.

B. Nonparty C filed a lawsuit against the Plaintiff to increase the amount of compensation for each of the above lands as this Court 2014Guhap1131, Aug. 24, 2014, the court rendered a ruling of recommending reconciliation with the purport that “the Defendant shall pay C the amount of KRW 8,337,440 and the amount calculated at the rate of 5% per annum from February 12, 2014 to October 2, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “decision of recommending reconciliation of this case”). The said ruling of recommending reconciliation became final and conclusive without objection.

C. After the decision of recommending reconciliation in this case became final and conclusive, C transferred claims based on the above decision of recommending reconciliation to the Defendant, who is his wife, and notified the Plaintiff of the transfer as of September 14, 2015.

Article 40(2)4 of the Act on Acquisition of and Compensation for Loss from Land, etc. for Public Works Projects on October 2, 2015 (Payment or Deposit of Compensation) (2) If a project operator falls under any of the following subparagraphs, he/she may deposit the compensation in the deposit office in the location of the land, etc. to be expropriated or used by the commencement date of expropriation or use until the expropriation or use commences.

4. When the payment of compensation is prohibited by seizure or provisional seizure, Article 248 (1) and Article 248 (1) [Article 248 (1) of the Civil Execution Act [Article 248 (1)] (1) of the Civil Execution Act] shall be subject to seizure.

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