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1. The Defendant’s KRW 210,342,667 as well as 5% per annum from January 26, 2007 to May 12, 201, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a local government having jurisdiction over the land for the local housing project in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant project”), and the Defendant is a construction company that purchased a site and a ground building from some residents who owned a site and a ground building in the instant project site from around 2002 to 2004 for the purpose of establishing a collective housing in the instant project site.
B. On December 1, 2006, the Plaintiff: (a) entrusted with the affairs of administration and disposal of general property by the State; and (b) imposed indemnity on the owner of the building (including C as the representative director of the Defendant) and the Defendant for the part in which the Defendant occupied State-owned land among the above above ground buildings purchased from residents; (c) however, the Plaintiff did not each individual subject to the imposition of indemnity but imposed indemnity on the addressee’s name as “A and 16”; and (d) imposed the imposition and disposition of indemnity in a lump sum
(hereinafter referred to as the “resident of this case” of those who sold the above site and building to the Defendant, i.e., those who are subject to imposition of the remainder of compensation except the Defendant and C, and the list is as indicated in the attached Form.
On December 11, 2006, the Defendant, upon receipt of the above notice from the Plaintiff, presented to the Plaintiff a “written request for accurate verification of the basis for calculating the area of compensation” and “the objective definition of the criteria for imposing compensation” to the Plaintiff. After reviewing the above opinion, the Plaintiff, as to E and the Defendant on December 14, 2006, submitted a “written opinion on the advance notice of compensation” with the content that “the right to notify the objective definition of the criteria for imposing compensation.” After examining the above opinion, on December 14, 2006, the Defendant, as to E and the Defendant,
Accordingly, on January 12, 2007, the Defendant submitted to the Plaintiff an application for installment payment with the purport that the indemnity will be paid in six installments over three years, and the Plaintiff accepted the application for installment payment by the Defendant.