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(영문) 대구지방법원서부지원 2016.04.14 2015가합7221
손해배상(기)
Text

1. The Defendants jointly share KRW 21,225,050 with respect to the Plaintiff and 5% per annum from September 23, 2013 to April 14, 2016.

Reasons

In light of the above legal principles, the lower court did not err by misapprehending the legal principles as to the registration of ownership transfer as to the instant land, but did not err by misapprehending the legal principles on the registration of ownership transfer under the name of Defendant Corporation.

C. Meanwhile, on the ground of the instant land, 531 weeks (10 years), red tree (10 years), 2,426 weeks (10 years old), and 103 weeks (hereinafter “the instant trees”) were planted, and 3,060 weeks (hereinafter “the instant trees”). However, on July 12, 2011, the Plaintiff and the Defendant Corporation agreed to compensate for the obstacles, including the instant trees, to the effect that the obstacles owned by the Plaintiff were as follows. At that time, the Plaintiff received KRW 6,310,800 as compensation for the instant trees.

The compensation agreement for obstacles (business)* Article 1: Gap (the plaintiff, the same shall apply hereinafter) shall fully remove or move the subject land by the time prescribed in Article 5, and Eul (the defendant Corporation; the same shall apply hereinafter) shall pay compensation therefor.

**Article 2: The amount of compensation shall be the sum of the amount of KRW 6,310,800 for the trees of this case and the amount of compensation of KRW 2,761,650 for the other obstacles owned by the plaintiff.

*Article 5: A shall complete removal or move of the target site by no later than January of the year.

*Article 8: (a) If there are different views between A and B on the interpretation of this Agreement, it shall be decided through consultation between A and B.

On the same day, the Plaintiff prepared a written consent for removal implementation with respect to the obstacles owned by the Plaintiff, including the instant trees, to Defendant Corporation on the same day.

The plaintiff (the plaintiff) shall undertake to transfer the above objects to the zone outside of the zone until October 20, and shall give up all rights (ownership, etc.) to the objects when the objects are not removed by the promise date of removal, and the defendant corporation voluntarily agrees to immediately remove them, and shall take all civil and criminal responsibilities and compensation for the damages incurred thereby.

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