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(영문) 광주지방법원목포지원 2017.05.31 2016가단10306
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) As Nonparty D’s transfer of a claim for compensation for obstacles, etc. is incorporated into “F” project implemented by Jeonnam-do, Chungcheongnam-do, the land located in the territory of the Republic of Korea (hereinafter “instant obstacles”). Accordingly, Nonparty D’s transfer of a claim for compensation for obstacles to the territory of the Republic of Korea (hereinafter “instant obstacles”).

(1) The Defendant acquired the claim for compensation and transferred the claim to the Defendant (hereinafter “transfer of claim of this case”).

(2) On January 12, 2015, the Defendant promised to remove the instant obstacles by January 31, 2015, and, if not, would not raise an objection even if the project implementer removed the obstacles and deducted the relevant expenses from the compensation, or claimed compensation for the damages. However, the Defendant submitted a letter of commitment that he/she would receive “the instant compensation” after completing the relocation, and received compensation for the obstacles other than the septic tank (hereinafter “instant septic tank”).

B. On December 4, 2014, the Plaintiff acquired the ownership of six parcels, other than Jeonnam-gun, Chungcheongnam-do, and six parcels, which were owned D on December 4, 2014, through an auction, and then on December 29, 2014, an agreement with D as follows (hereinafter “instant agreement”) with respect to the obstacles, etc. on the land in question between D and D (hereinafter “instant agreement”).

(1) The non-designated items, obstacles compensation and business compensation classified at the time of appraisal shall be owned by D, the former owner (other than land compensation);

(2) On January 12, 2015, the Plaintiff drafted a letter of commitment stating that “The Plaintiff shall have the right to the Defendant with respect to the compensation for obstacles, and shall not raise any objection to the Defendant’s receipt of the compensation,” and the said letter of commitment was submitted to the Banan-gun on the same day.

(c)in this case;

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