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(영문) 대구지방법원경주지원 2015.05.15 2014가합3085

건물명도

Text

1. The defendant shall be the plaintiff.

(a)each building indicated in the list of the attached real estate, and the 474-4, 474-6, 474-6, 198, 199

Reasons

1. The facts subsequent to the facts of recognition may be recognized either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 2, 3, 4, and 5 (including paper numbers) and the whole purport of the pleadings.

As a public corporation established under the Korea Rail Network Authority Act, the Plaintiff is carrying out the Ulsan-Posting iron business (hereinafter referred to as the “instant business”).

B. The Defendant owned each of the buildings listed in the separate sheet of real estate located on the ground located on the 474-4, 474-7, 474-8, 474-8, in the area of the implementation of the instant project (hereinafter “each of the buildings of this case”), and the annexed sheet of the annexed sheet of the 474-4, 474-8, 474-8, in the dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

C. The Plaintiff completed the registration of ownership transfer on February 19, 2014 with respect to the land of 474-6 in the Ye-dong, Yedong-dong, Hong-si.

On the other hand, on April 17, 2014, the Central Land Tribunal accepted the Plaintiff’s land 474-7 in the Dong-dong, Dong-dong, Dong-dong on June 10, 2014, and had the Plaintiff move (a), (b), and (c) of each of the instant buildings and each of the instant facilities, and decided to expropriate the Defendant’s compensation amounting to KRW 3,107,973,460.

E. On June 9, 2014, the Plaintiff deposited KRW 3,107,973,460 as compensation for losses on the ground that the notification of seizure and assignment of claims were concurrent with the above compensation for losses.

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant, pursuant to the above acceptance ruling, shall each of the above buildings or facilities to the plaintiff who acquired the ownership of (a), (b), and (c) of each of the buildings of this case and each of the facilities of this case on June 10, 2014, which is the starting date of expropriation.