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(영문) 부산지방법원 2015.05.20 2014나2560
지료
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid next to that of the judgment shall be revoked.

Reasons

1. Basic facts

A. From August 3, 2005, the Defendant owned 4,104 square meters of land in Busan-gun and 200 square meters of forest land E (hereinafter collectively referred to as “each of the instant real estate”). On April 9, 2009, the Defendant concluded a sectional superficies agreement with the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) on the site of the transmission tower installed within the instant real estate, and with respect to the Busan-gun, Busan-gun, where the power transmission line is not installed, the air space with the 1,327 square meters above the ground and 27 square meters above the 1,327 square meters above the 1,327 square meters above the 239 square meters above the 527 square meters above the 139 square meters in the steel site, and the divided superficies agreement on the public space between 139 square meters and 27 square meters in the 139 square meters in the 209 square meters in the 205 square meters in the aggregate, and the divided superficies was established from 75097 meters in the 297.

B. Meanwhile, since May 28, 2008, each of the instant real estate was incorporated into a prearranged area for FGeneral Industrial Complex, the Defendant was expected to receive compensation for transplant of landscape trees in each of the instant real estate if each of the instant real estate is expropriated.

C. On September 10, 2009, the Plaintiffs entered into a sales contract with the Defendant with the price of KRW 260 million for each of the instant real estate (hereinafter “instant sales contract”).

The terms and conditions of the special agreement are as follows:

1. Korea shall enter into an agreement that, when it is demanded by the debtor of superficies and divided superficies or by a third party to reimburse the real estate offered as security of the claim without possession and transfer thereof, the repayment shall be made first from the compensation for the ground property;

2. The agreement that compensation paid in respect of ground materials shall be equally divided by both parties, regardless of the reasons therefor; and

3. The rent shall be at least KRW 10,000 per annum in the case of transplantation due to the seller’s circumstances.

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