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(영문) 의정부지방법원 2020.11.05 2020나202839
영농보상금
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. The Defendant is an implementer of an urban development project, which was conducted in the first place in the Goyang-si C District.

B. On September 14, 2015, the Defendant entered into an agreement with the Plaintiff on compensation for losses (hereinafter “instant agreement on compensation for losses”) with the content that, with respect to the purchase price of KRW 3,712,50,000 for the portion of KRW 3,712,50,000 for the purchase price, and KRW 10% for the remainder of KRW 90% until November 30, 2015 for the remainder of KRW 3,567 square meters (hereinafter “instant farmland”) and E forest 4,298 square meters owned by the Plaintiff.

C. On November 24, 2015, the Plaintiff and the Defendant entered into an additional agreement on the instant compensation agreement.

The following contents are stated in a contract for indemnity agreement stating the contents of the additional agreement:

(hereinafter referred to as “the instant additional agreement”). The meaning of the additional agreement is the same as the annual total revenue of crops per unit cultivated area per farm household average of the Do, calculated by statistical survey statistics of the National Statistical Office, on the farmland area to be incorporated in the farmland area to be incorporated in the public works implementation zone.

I compensate for the amount calculated by multiplying the two-years by the amount of farming loss.

The payment of any balance under a contract for compensation for losses shall be made until November 30, 2015. If such payment is not made, the penalty of 5% per month shall be added to the penalty.

Agricultural products per farmland unit cultivation area of Gyeonggi-do, calculated by the Statistics Korea, are 2,027 won in 2014, 1,701 won in 2013, and 1,595 won in 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 through 4 (including branch numbers), the purport of the whole pleadings

2. According to the above fact of recognition as to the cause of the claim, barring any special circumstance, the Defendant is equivalent to the annual average farming area of Gyeonggi-do, as calculated by the Statistics Korea’s Economic Research Statistics on the farmland area of 3,567 square meters incorporated into a public works implementation zone pursuant to the instant additional agreement, barring any special circumstance.

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