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(영문) 대구지방법원서부지원 2015.05.14 2014가합3420
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. G was the owner of both the land and the ground buildings except the instant building as seen below (hereinafter “instant real estate”). G filed an application for the instant real estate auction (hereinafter “instant auction”) with the Daegu District Court M on April 30, 201. In the instant auction procedure, the Defendant was awarded the bid on April 30, 2001 and completed the registration of ownership transfer on July 9, 2001.

B. Meanwhile, among the instant real estate, there were 473 square meters on the ground of the instant L, 445.5 square meters on the ground, 518.3 square meters, 1,305 square meters, 175 square meters on the ground, and 226.5 square meters on the part of extension of money, 226.5 square meters on the manager, 60 square meters on the building, 60 square meters on the change place, 6.4 square meters on the warehouse, 15.3 square meters (hereinafter “instant building”), but the instant building was excluded from the subject matter of auction at the instant auction procedure.

C. On November 15, 2013, the Daegu Urban Corporation accepted the instant real estate while implementing the NN National Industrial Complex Development Project, and deposited KRW 652,034,160 as compensation for expropriation of obstacles to L land surface (hereinafter “instant compensation”). D. The court deposited the instant real estate as KRW 2440 in 2013.

On the other hand, G died on June 13, 2013, and the plaintiffs are the successors of the deceased G.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 5 (including branch numbers, if each number is available; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion G is the owner of the building of this case where the land was located on the ground of L, and the plaintiffs are the successors of LG. Thus, the plaintiffs are the right to receive KRW 206,071,60 equivalent to the part of the building of this case where the defendant arbitrarily changed the use of the land of this case, among the compensation money deposited by the Daegu Urban Corporation as compensation for obstacles to the land surface of L, and therefore the plaintiffs are the right to claim payment of deposit money against the above money.

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