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(영문) 수원지방법원성남지원 2016.11.09 2016가합201971
채무부존재확인
Text

1. Regarding the Plaintiff’s compensation for obstacles, and grave relocation, which took place on August 18, 2009 with respect to Samsung-si.

Reasons

1. Basic facts

A. The Plaintiff is the Corporation established on the basis of the Korea Rail Network Authority Act, and the Defendant was the former owner of C Forest land 5469m2 (hereinafter “instant land before the instant partition”).

B. On August 2009, the Plaintiff accepted part of the land prior to the instant partition (which is the part of 1608 square meters of current woodland B; hereinafter “instant land”) pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and paid compensation for expropriation to the Defendant, who is the owner of the instant land before the instant partition. However, as to 25 weeks of the instant land, including four graves on the ground (hereinafter “instant grave”) and bank trees, which are obstacles to the surrounding areas of the instant grave, the management authority recognized the instant grave as the Defendant’s punishment, and paid KRW 166,66,660 as the total of KRW 11,56,660 for the relocation expenses of the instant grave and the compensation for obstacles.

C. Since September 29, 2009, the land before the instant partition was divided into C, C, C, 307 square meters of forest, F, 784 square meters of forest and forest, and the instant land. The instant land was subject to the registration of ownership transfer under the Plaintiff’s name on the ground of land expropriation on June 15, 2010. As the Plaintiff donated the instant land at the time of racing, the registration of ownership transfer was made under the name of the Plaintiff at the time of racing. Since the Plaintiff’s donation of the instant land at the time of racing, there was more than 3 to 10 meters in height and 10 meters in height of the instant land after the completion of the instant construction, and

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 10 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 expenses incurred in relocating the instant grave and the portion of compensation for obstacles E shall file a report on the reburial of the instant grave with respect to the relocation of the grave, and the legal relocation of the grave, and then the confirmation of the relatives of the instant grave, and the report on the alteration of the grave.

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