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(영문) 창원지방법원 2014.09.17 2014가합598
손실보상금수령권자확인
Text

1. The part concerning the claim for declaration of intent confirming the Plaintiff’s cultivation among the instant lawsuit is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned each of the instant lands owned by the Defendant (hereinafter “each of the instant lands”). In around 2004, the Plaintiff entered into a lease agreement with G, the Defendant’s father, to lease each of the instant lands with a set of KRW 1.4 million per annum (payment on November 10 of each year) and four years per annum.

B. Since September 3, 2009, each of the instant lands was incorporated into Hro I Road Project Site Reservation Project (hereinafter “instant project”), which is published by the Ministry of Land, Transport and Maritime Affairs, and the registration of transfer of ownership was completed on October 17, 201, based on the acquisition of each of the instant public lands under the name of the Korea Land and Housing Corporation on August 5, 201, for E and F land, and for C and D land under the name of the Korea Land and Housing Corporation on October 17, 2012.

C. The Plaintiff received compensation for the Plaintiff’s obstacles installed on each of the instant land around December 2012 following the judgment of the Central Land Expropriation Committee with respect to the instant project.

The Defendant filed a lawsuit against the Plaintiff seeking transfer of land, etc. as Changwon District Court 2012Gadan18819, and the above court rendered a judgment on January 15, 2013, that “the Defendant (the Plaintiff of this case) handed over the Plaintiff (the Plaintiff of this case) the land of this case to the Plaintiff, and removed the plastic houses located on the land of this case, remove the trees located on the land of this case, collect the trees located on the land of this case, and pay the money calculated at the rate of KRW 1.4 million per annum from January 1, 2010 to the completion date of delivery of the said land,” and the above judgment became final and conclusive at that time.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 3, 4 (if there is a tentative number, including ing number; hereinafter the same shall apply), Eul evidence No. 7, and the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion entered into a lease agreement on each of the land of this case with the father G of the defendant who was delegated with the power of representation by the defendant around 2004, and cultivated crops from each of the land of this case.

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