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(영문) 춘천지방법원강릉지원 2016.07.13 2016가단1904
건물보상금 등
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) are co-owners of the detached houses on C at the same time in the East Sea (hereinafter “instant building”).

B. On October 14, 2013, the primary Defendant (former, EEXE Co., Ltd.) sent a written request for consultation on compensation to the Plaintiff, etc., who is the inherent owner of the instant building, on November 5, 2013 (hereinafter “instant project approval”).

C. At the time of sending the written request for consultation of this case, the registration of provisional disposition was completed with regard to the preliminary defendant as the creditor.

Preliminary Defendant completed the registration of ownership transfer on March 20, 2015 due to mediation on March 11, 2015.

E. On May 7, 2015, the primary Defendant paid compensation in consultation with the primary Defendant, and completed the registration of ownership transfer on the instant building on May 21, 2015.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 2 to Gap evidence 4, purport of whole pleadings]

2. Determination as to the claim against the primary defendant

A. 1) Claim against the plaintiff et al. asserts that an agreement on compensation has been reached between the plaintiff et al. and the main defendant, and seek a payment of KRW 89,33,240, respectively, from the compensation money. Preliminaryly, the main defendant asserts that the approval of the project of this case becomes null and void because he/she did not file an application for adjudication in the event that agreement between the plaintiff et al. and the main defendant is not reached within one year from the public announcement date of the project authorization, although it is necessary to file an application for adjudication within one year from the public announcement date of the project authorization.

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