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1. The Defendant shall pay to the Plaintiff 84,307,543 won and 15% interest per annum from February 2, 2017 to the date of full payment.
Reasons
1. Basic facts
A. B is the owner of each land listed in the separate sheet (hereinafter referred to as the “instant land”), and the Defendant is the constructor of the Gwangju Metropolitan Highway construction work, including the instant land.
B. C leased the instant land from B, and the Plaintiff, while holding office from C, cultivated and installed trees, such as pine trees and Arabic, and plastic houses, etc. on the ground.
C. On January 5, 2016, the Plaintiff filed a claim with the Defendant for compensation of KRW 167,153,290 for the obstacles to the instant land, and the Plaintiff and the Defendant concluded a contract for compensation for obstacles that the Defendant would pay the said compensation upon completion of the removal of obstacles to the instant land.
The above contract contains the fact that the plaintiff is the owner of obstacles who is the plaintiff, and the defendant may withhold the payment until the reason is extinguished if the third party provisionally attached the compensation.
The Plaintiff removed all obstacles to the land of this case, but it was not confirmed that the owner of obstacles from the landowner B was the Plaintiff.
On March 15, 2016, the Gwangju District Court rendered a provisional attachment order on KRW 82,845,747 of the claimed amount among the claims for expropriation compensation against the defendant filed by C in the provisional attachment case of claim No. 2016Kahap444 on March 15, 2016.
[Ground of recognition] Facts without dispute, Gap 1-7 evidence (including paper numbers), the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 167,153,290 won a provisional attachment claim amounting to 82,845,747 won and 84,307,543 won and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 2, 2017 to the date of full payment, which is the day following the date when the plaintiff and the defendant stated that the removal of obstacles is completed.
As to this, the defendant is prepared by the land owner of this case.