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(영문) 수원지방법원안산지원 2016.06.10 2013가단2627
점용료
Text

1. The defendant shall be the plaintiff.

(a) KRW 10,180,967 and the annual rate of KRW 5% from February 14, 2015 to June 10, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the instant land from C on March 22, 2003, and completed the registration of ownership transfer on the said land on March 26, 2003.

B. Under the Housing Site Development Promotion Act, the Minister of Construction and Transportation designated members of Ddong, Edong, and Geumcheon-gu Seoul Metropolitan Government Fdong on June 28, 2002 the housing site development area of H housing site development district as G publicly notified by the Ministry of Construction and Transportation on June 30, 2003. The said housing site development plan was approved on June 30, 2003 by public notification of the Ministry of Construction and Transportation, and the modification of the housing site development plan and the implementation plan were approved by JJ as public notification of the Ministry of Construction and Transportation on January 6,

C. On October 31, 2005, the Korea Land and Housing Corporation commenced construction works for the development of the said housing site development project, and prepared a design for installation of drainage facilities on the outside of the relevant housing site development project zone at the outside of the zone.

After that, around April 2009, the Korea Land and Housing Corporation agreed with the owners of the instant land including K and neighboring land, and the owners of the instant land outside of the district, including the instant land, to install excellent pipes. On May 2009, the Korea Land and Housing Corporation: (a) around the instant land and neighboring land, the diameter of 1,500 meters in diameter; (b) 168 meters in total length; and (c) laid a mix of 251.8 square meters in total area; and (d) the portion corresponding to the instant land is 112.7

(hereinafter “In this case’s superior position”). [The grounds for recognition] did not dispute, Gap’s evidence Nos. 3, 4, Eul’s evidence Nos. 1 through 3, and 6, each fact inquiry into the Korea Land and Housing Corporation by this court, the purport of the whole pleadings as a whole.

2. The defendant asserts that the lawsuit of this case filed against the defendant is unlawful as a lawsuit filed against the non-party-qualified person, even though the establishment of the superior hall in this case's land, etc. was done on the land of this case.

However, in the performance suit, the plaintiff's standing as the party itself is nominal, and the person who asserts his right to claim his payment is a legitimate plaintiff, and the person who is alleged as the obligor is the legitimate defendant.

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