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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of ruling;
(a) summary of the project - Project name: Urban development project (C urban development project) - Project implementer: Plaintiff - Public notice of the designation, etc. of an urban development zone: D public notice of Sungnam-si on May 30, 2014; E public notice of Sungnam-si on June 15, 2015; F public notice of Sungnam-si on September 17, 2015; and G public notice of Sungnam-si on November 8, 2016;
B. The ruling of expropriation by the local Land Tribunal of Gyeonggi-do on May 15, 2017 - Land owned by the Defendant in the above project zone (hereinafter “each land of this case”) - The amount of compensation for losses: The same shall apply to the statement in the column of “amount of compensation for expropriation” in the attached Table 2.
- The date of commencement of expropriation: June 29, 2017 - Appraisal and Assessment Agency: H athletic branch, Inc. I
C. The Central Land Tribunal’s ruling on February 22, 2018 – The amount of compensation for losses: The same shall apply to the statement in the column of “the amount of compensation for objection” in the attached Table 2.
- Appraisal Agency: J. K.K.
D. On June 21, 2017, the Defendant filed an objection to the adjudication of expropriation with the Central Land Expropriation Committee.
E. Meanwhile, on November 17, 2015, there was a decision to commence a compulsory auction of real estate by an application from the creditor L Bank, etc. on the land of this case, and the creditors’ seizure was concurrent with respect to compensation for losses due to the ruling of expropriation. On June 26, 2017, the Plaintiff deposited the total amount of KRW 12,010,492,000 for the Defendant’s compensation following the ruling of expropriation.
(C) Article 40(2)4 of the Act on the Acquisition of Land for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) and Article 248(1) of the Civil Execution Act are written in the deposit form (hereinafter “instant deposit”). According to the deposit document, the Plaintiff did not enter the deposited person at the time of deposit, and the statutory provisions include Article 40(2)4 of the same Act and Article 248(1) of the Civil Execution Act.
F. On September 22, 2017, the Defendant paid KRW 9,546,808,735 to the Defendant out of the instant deposited money.