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(영문) 수원지방법원 2017.04.20 2016나68304
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or each of the images described in Gap evidence 1 and evidence 7-1 to Eul evidence 7 may be admitted as a whole by integrating the whole purport of the pleadings (including facts with this court).

As an implementer of an urban development project for B urban development zone, the Defendant owns 36 square meters and 185 square meters in total (hereinafter collectively referred to as “each of the instant lands”) of the Hanam-si road and D road.

B. Each of the instant lands has each obstacles listed in the separate sheet (hereinafter “each of the obstacles of this case”).

C. On March 7, 2014, the Gyeonggi-do Regional Land Tribunal rendered an adjudication to expropriate each of the obstacles in the instant case by setting the expropriation compensation at KRW 44,752,00, respectively.

In March 5, 2014, the Defendant deposited 44,752,000 won as the principal deposit in Suwon District Court Sung-nam Branch of 2014, which deposited the Plaintiff as the principal deposit in the amount of KRW 777.

E. On April 3, 2014, the Defendant filed a lawsuit against the Plaintiff seeking removal of obstacles in each of the instant case, delivery of each of the instant land, and payment of unjust enrichment equivalent to the rent for each of the instant land (hereinafter “the instant lawsuit”).

F. On June 12, 2014, the above court rendered a judgment without holding that “the Defendant (the Plaintiff in this case) removed the obstacles of this case to the Plaintiff (the Defendant in this case), delivered each land of this case, and paid the amount calculated at KRW 3,138,200 per annum from April 11, 2014 to the completion date of delivery of each land of this case” (hereinafter “the related judgment of this case”), and the related judgment of this case became final and conclusive around that time without filing an appeal by the Plaintiff.

2. The defendant's judgment on the previous defense on the merits of this case continues to proceed with the procedure of expropriation on each of the obstacles of this case.

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