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(영문) 창원지방법원진주지원 2017.09.26 2015가단33386
이주비 등
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from May 1, 2017 to September 26, 2017.

Reasons

1. Basic facts

A. The Defendant is a village in which 49 households in Sacheon City, Sacheon-si, have resided, and the non-party D was a resident in the Defendant Village, and as D died on November 5, 2009, the Plaintiff, both of D, succeeded to D.

B. The Defendant was proposed to purchase the real estate owned by the Defendant and the residents and to pay moving expenses and compensation for land to the residents of the Defendant village when the residents living in the Defendant village move to another place from YD Co., Ltd. (hereinafter “YYD”).

C. Accordingly, on October 10, 2007, the residents of the Defendant Village form a promotion committee on behalf of the village residents in relation to the group relocation of the residents of the Defendant Village and the sale of real estate owned by the Defendant Village and the residents. As the chairperson of the migration promotion committee, E, F, G, H, and I were elected as members of the migration promotion committee, and they delegated all matters related to the Defendant Village Development to them.

On October 13, 2007, E, F, G, H, and I concluded the following contracts with the residents of the Defendant Village in order to facilitate the smooth migration of residents of the Defendant Village and sell real estate owned by residents (hereinafter “the first contract of this case”).

As to the relocation of the Defendant Village residents, prior to the real estate sales contract between the individual residents of the Defendant Village and YD, the following contracts shall be concluded between the Defendant Village Relocation Promotion Committee and YD:

1. The relocation expenses shall be paid to 49 persons in defendant village one hundred million won per capita;

2. To purchase real estate owned by the residents of the defendant village by calculating it as 500,000 won per credit.

3. The compensation for buildings and all ancillary facilities on the ground of the residents of the defendant village shall be paid in a separate amount of 2.5 billion won;

4. The land owned by the Defendant village residents is approximately fourteen thousand square meters.

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