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(영문) 의정부지방법원 2017.08.18 2015나53675
건물철거
Text

1. Upon the claim that the court changed the exchange in this court, the defendant shall pay KRW 95,641,278 to the plaintiff.

2...

Reasons

1. Facts of recognition;

A. On September 22, 2014, the Plaintiff purchased 985/1316 of the instant land in a voluntary auction procedure, and completed the registration of ownership transfer on September 25, 201.

On December 17, 1988, Guri-si completed the registration of ownership transfer on the ground of the acquisition of public land by consultation about 331/131 of the land in this case.

B. Around 1987, the Defendant constructed a building listed in the attached list on the ground of the instant land and used it as an inspection station up to now.

C. On August 27, 2015, the Ministry of National Defense, which belongs to the Defendant, announced that the instant land and the instant land owned by the Plaintiff should be expropriated in accordance with Article 5(1) of the Act on National Defense and Military Installations Projects (Ministry of National Defense Notice F). The Plaintiff filed an objection against the notification. On February 26, 2016, the Central Land Tribunal decided on the commencement date of expropriation to compensate for losses for the said land at KRW 1,479,118,210.

On April 5, 2016, the Defendant deposited KRW 1,479,118,210 with the Plaintiff as the principal deposit account in order to deposit KRW 1,479,210 with the Government District Court Decision No. 2573, Apr. 5, 2016. On April 21, 2016, the Defendant registered the transfer of ownership on the Plaintiff’s share among the instant land on the ground of expropriation as of April 19, 2016.

E. The annual rent of the instant land from September 22, 2014 to September 21, 2015 is KRW 80,44,050, the rent for five months from September 22, 2015 to February 21, 2016 is KRW 34,422,290, and the monthly rent from February 22, 2016 to April 18, 2016 is KRW 6,884,458.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 6, 7, 10, 11, Eul evidence Nos. 2 through 5 (including serial numbers), the result of the appraisal of rent by an appraiser G at the trial, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant’s acquisition of the instant land from September 22, 2014 to April 18, 2016, which was before the Defendant acquired ownership.

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