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(영문) 서울북부지방법원 2017.12.21 2017가합21958
보상금 청구
Text

1. The Defendant’s KRW 282,00,000 per annum for the Plaintiff and 5% per annum from April 13, 2017 to December 21, 2017.

Reasons

1. Basic facts

A. The Plaintiff was the owner of B Dae-gun, Chungcheongnam-gun, B, 621 square meters (hereinafter “instant land”) and D 2,98 square meters (hereinafter “the instant project”) and D 2,98 square meters (hereinafter “Seoul-si, Sejong-si, hereinafter collectively referred to as “instant land”). The Defendant was a local government that was a project implementer of the multifunctional administrative city project (hereinafter “instant project”) publicly notified as project approval under Article 2005-123 of the Ministry of Construction and Transportation’s public notice in the area of Chungcheongnam-si, Chungcheongnam-gun (hereinafter “instant project”).

B. On March 24, 2005, the instant project was announced for the public inspection of the residents of the prearranged area on May 24, 2005, and was implemented on May 24, 2005. The instant land included in the project district was adjudicated to be expropriated at KRW 312,060,490, total amount of compensation on December 15, 2006.

C. Upon the Plaintiff’s refusal to receive compensation following the adjudication of expropriation, the Defendant divided the amount of the adjudication of expropriation into cash and securities (land development bonds) on January 31, 2007 into 30,060,490 won in cash and 2820,000 won in par value (the bond redemption period January 31, 2010), deposited 8 copies of securities (the bond redemption period) with the Daejeon District Court, and completed the registration of ownership transfer on February 2, 2007 with respect to the instant land on March 19, 207.

Afterward, the defendant deposited the increased cash amount of KRW 2,079,570 in the Daejeon District Court when the compensation has been increased due to the ruling on June 28, 2007.

On January 18, 2016, the Plaintiff filed a claim for the withdrawal of deposited goods with the Daejeon District Court for payment of eight copies of cash and securities. The Plaintiff filed a claim with the Defendant for the payment of the amount of the deposited securities claim (total amount of KRW 282 million; hereinafter “instant compensation claim”). However, the Defendant rejected the payment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8 (including virtual number), and the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination on the cause of the claim, the Defendant shall pay the Plaintiff the principal of the instant compensation claim amounting to KRW 282 million and the damages for delay.

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