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(영문) 수원지방법원 2017.12.12 2017구합66993
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the project implementer of Pyeongtaek-si B, Cdong, Ddong, Edong, and F, and the Plaintiff is the owner of Pyeongtaek-si, H I land (hereinafter “instant land”) and its ground buildings (hereinafter “instant building”) located within the instant project area.

B. The Defendant sent the Plaintiff a “statement of the amount of loss compensation” as stated in the compensation for losses (total amount: KRW 237,963,630) on the obstacles to the land of this case on the date and the content thereof are as shown in the attached list.

C. Meanwhile, on January 27, 2010, the J organization, the mortgagee of the instant land and the building, received a voluntary decision to commence the auction on the instant real estate from Suwon District Court, Suwon District Court K, and on February 2, 2010, issued the Plaintiff’s order of seizure and assignment of the claim for compensation for losses on the instant land as the District Court No. 2010TT1208. The said order was served on the Defendant, the garnishee, at that time.

The defendant is on August 201, 201, the Suwon District Court of Suwon-si branch of Dongwon District Court.

The Plaintiff deposited KRW 1,077,193,00 for the instant land on the grounds of the seizure stated in subsection (Deposit Number: Suwon District Court KRW 1562,00 (No. 1562), and the deposit was distributed to the Plaintiff’s creditors, including the J organization, in accordance with the distribution procedure on October 27, 201, according to the distribution procedure.

(Case Number: Ku Government District Court L. e.

The building of this case is above March 4, 2013.

In the auction procedure described in paragraph (1) (hereinafter “instant auction”), M was sold to M in KRW 171,300,000, and M completed the registration of ownership transfer concerning the said building on March 19, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff consulted with the Defendant on the compensation of losses as shown in the separate sheet with regard to the land obstacles on the ground of this case.

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