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(영문) 수원지방법원평택지원 2017.08.22 2016가단44245
분묘굴이 청구
Text

1. The plaintiff's main claim is dismissed.

2. Defendant B shall indicate 1, 2, 3, 4, and 1 of the Map 1 on the ground of Pyeongtaek-si E.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association with the purpose of an urban development project for the area of 435,850 square meters in Pyeongtaek-si H Day in order to create a residential complex according to the replotting method under the Urban Development Act (hereinafter “instant urban development project”). The Plaintiff is the implementer of the instant urban development project.

B. Defendant B, in sequence, connects each point of 1, 2, 3, 4, and 1 of the annexed drawings on the ground of Pyeongtaek-si E in the instant urban development project zone, and Defendant C, in sequence, connects each point of 9, 10, 11, 12, and 9 of the annexed drawings on the ground of Pyeongtaek-si in the instant urban development project zone, with each point of 3, 4, 5, 3.1 square meters of each of the annexed drawings on the ground of Pyeongtaek-si in the instant urban development project zone (hereinafter “instant grave”); Defendant D is a relative of each of the instant grave (hereinafter “the instant grave”). Defendant D, in sequence, connects each point of 21, 22, 23, 24, and 21 square meters of each of the annexed drawings on the ground of Pyeongtaek-si in the instant urban development project zone.

(10) Each grave of this case (hereinafter referred to as “each grave of this case”).

On March 12, 2014, the head of Pyeongtaek-si approved a land substitution plan, and the Plaintiff designated and announced the land substitution plan on March 28, 2014.

On July 6, 2015, the Plaintiff filed an application with the Gyeonggi-do Regional Land Tribunal for the adjudication of compensation for losses on December 28, 2015 with respect to the graves, etc. for which no agreement on compensation for losses had been reached, including each of the instant graves. The Gyeonggi-do Regional Land Tribunal rendered the adjudication of compensation for losses on ① KRW 4,130,00 for each of the instant graves, ③ 4,4,500 for the partial graves, ⑤ KRW 16,980,00 for the four graves, and KRW 3,50,000 for each of the instant graves (hereinafter “instant adjudication”). The date of commencing the relocation or removal thereof was set as KRW 4,130,00 for each of the instant graves (hereinafter “instant adjudication”).

On January 26, 2016, the Plaintiff deposited each of the above money with the Defendants as the principal deposit.

(e).

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