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(영문) 수원지방법원성남지원 2015.11.25 2014가합205610

건물명도

Text

1. The Defendant shall order the Plaintiff to order the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the implementer of a national rental housing complex development project B (hereinafter “instant project”), and the Defendant was the owner of the land of 785 square meters prior to Seongdong-gu, Seongbuk-gu and the building indicated in the attached Table of the land and its ground (hereinafter “instant building”).

B. The Plaintiff, for the implementation of the instant project, expropriates a 442 square meters among the land owned by the Defendant, and divides the said land into a 343 square meters prior to C prior to November 2, 2006 and a 442 square meters prior to D (hereinafter “D”) with respect to D land on December 3, 2007. The Plaintiff completed the registration of ownership transfer on November 15, 2007 with respect to D land.

C. In addition, the Plaintiff accepted the portion (A) of 38.7 square meters (27.2 square meters on the first floor, 27.5 square meters on the second floor, 11.50 square meters on the second floor), among the instant buildings, which are linked in sequence to each point of 1, 2, 3, 4, 5, 6, 1, and 38.7 square meters on the ship, among the instant buildings, and paid the compensation in full, and thereafter paid or deposited both the objection raised by the Defendant or the increased compensation in accordance with the claim for compensation.

After that, the defendant requested the plaintiff to compensate for the part located on the land not included in the project district of this case among the buildings of this case, and the plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee on the whole building of this case.

E. On June 25, 2015, the Central Land Tribunal: (a) decided on August 18, 2015, the compensation for losses for the entire building of the instant case; and (b) decided on the commencement date of expropriation (Article 140884) on August 18, 2015; and (c) on August 12, 2015, the Plaintiff deposited KRW 206,882,460 for the aforementioned compensation for losses as the head of Suwon District Court’s Sung-nam Branch Branch in 2015. < Amended by Act No. 3046, Aug. 12, 2015>

F. On October 14, 2015, the Plaintiff completed the registration of ownership transfer on the instant building based on expropriation on August 18, 2015.

G. The defendant currently occupies the building of this case.

[Grounds for Recognition] Unsured Facts, Gap Nos. 2, 7, 16.