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(영문) 서울중앙지방법원 2015.03.17 2014가합545379
약정금
Text

1. The Defendant’s KRW 189,582,570 for the Plaintiff and 5% per annum from July 8, 2014 to March 17, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party is the owner of Suwon-si, Suwon-si, B large 137 square meters, C large 133 square meters, and each of the above above ground mentir block roof housing, cement block structure, ground roof housing, and other obstacles, and the Defendant is the person designated as the project implementer of urban planning facilities under Article 86 of the National Land Planning and Utilization Act for the purpose of Suwon City Urban Planning and Utilization Act (three creation works, such as green belt No. 13: hereinafter “instant project”).

B. (1) The owners of lands to be expropriated in the instant project district including the Plaintiff (hereinafter “Residents’ Joint Countermeasure Committee”) constituted a residents’ Joint Countermeasure Committee (hereinafter “Residents’ Joint Countermeasure Committee”) and conducted the purchase process with the Defendant, but the remaining land was purchased and the amount of compensation did not reach an agreement. Accordingly, the procedure of adjudication on expropriation was initiated by the Gyeonggi-do Local Land Expropriation Committee.

(2) On February 6, 2012, the Gyeonggi-do Regional Land Tribunal rendered a ruling of acceptance that “In addition to the above-mentioned area B large 137 square meters and above-ground obstacles, it shall accept a claim for purchase of the remaining land owned by the Plaintiff (a land size C large 133 square meters in the Gu of Suwon-gu, and a claim for increase of compensation shall be determined based on the result of the appraisal of expropriation” (the date of expropriation commencement).

(3) On February 28, 2012, the Defendant deposited KRW 598,437,650 on February 6, 2012, 2012, by making the deposited person the Plaintiff and the cause of deposit as the payment of compensation for losses under the ruling of expropriation by the local Land Tribunal of Gyeonggi-do on February 6, 2012, the Defendant paid the deposited amount of KRW 598,437,650.

C. The signature and seal of the executing company after the conclusion of the instant agreement and the progress execution company's signature and seal after the conclusion of the instant agreement: D (U.S. E compensation office in the Kuan-gu) construction project's signature and seal: F (U.S.) residents' joint countermeasure committee (U.S. G in the Kuan-gu), and members: H (A.S.) and I.

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