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1. The Defendant’s KRW 61,318,410 for the Plaintiff and KRW 5% per annum from December 18, 2012 to June 23, 2016.
Reasons
1. Details of ruling;
(a) Business authorization and public notice - Bogeumjari Housing District Development Project (B district; hereinafter referred to as the “instant Project”): Defendant on October 14, 2008
B. The Central Land Expropriation Committee’s ruling on expropriation on November 16, 2012 - The details of the compensation for losses on each parcel of land indicated in the column for “goods subject to expropriation” on the attached Table 1 compensation table (hereinafter “instant land”). - The date of commencement of expropriation: December 17, 2012 - The compensation for losses on December 17, 2012 is indicated in the column for “the amount of adjudication on expropriation” in the attached Table 1 compensation table
C. The result of this Court’s entrustment of appraisal to appraiser E (hereinafter “court appraisal”) - Contents of appraisal: It is as shown in the “court appraisal amount” column in the annexed Form 1 compensation statement.
On December 13, 2012, after the Central Land Tribunal rendered a ruling to expropriate the instant land, the Defendant deposited 1/20 shares of the compensation for expropriation of the said land as “F” (No. 4093, 2012, hereinafter referred to as “first deposit”) and the principal deposit with respect to shares of 19/20 of the compensation for expropriation of the said land, as “the principal deposit is unknown” (No. 4089, 4090, 4091, hereinafter referred to as “second deposit”) and acquired ownership of the instant land on December 17, 2012, which is the starting date of expropriation.
E. The plaintiff's lawsuit –On the other hand, the plaintiff asserted that "F has occupied the land of this case with its intention to own it for twenty (20) years from September 14, 1970, and filed a lawsuit for the ownership transfer registration (2009Gahap8697) against Yongyang Branch Branch of the Jungyang Branch of the District Court on September 4, 2009. It was recognized that the acquisition by prescription was completed on September 14, 1990, and on December 19, 2013 from the above court, "F indicates its intention to transfer to the plaintiff with respect to the right to claim for the first deposit payment, and it is above to the non-party Republic of Korea.