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(영문) 수원지방법원평택지원 2013.09.12 2013가합1459

토지인도등

Text

1. The Defendants shall deliver each land listed in the separate sheet No. 1 to each Plaintiff.

2. Defendant A is prohibited from the Plaintiff.

Reasons

1. Basic facts

A. At present, the Plaintiff is a project implementer for the development project of “general industrial complex (2) in Pyeongtaek-si, Pyeongtaek-si, Magdong,” which is the Plaintiff, and the Defendants are the owners of the relevant obstacles (hereinafter “in the instant obstacles”) indicated in the details of compensation for damages and losses in attached Tables 2 and 3. In particular, the Defendants are co-owners of the above obstacles, namely, the land listed in the attached Table 1 list (hereinafter “instant land”).

B. On April 29, 2008, in order to implement the instant development project, Nonparty 1 Co., Ltd. (hereinafter “Mayangyang”) obtained the said public announcement of project approval (Article 208-128 of the Gyeonggi-do Public Works Act) pursuant to the “Act on Acquisition of and Compensation for Land, etc. for Public Works Projects” (hereinafter “Public Works Act”) applied mutatis mutandis pursuant to Article 22 of the Industrial Sites and Development Act, which is the basis for the said development project.

C. Mayang Co., Ltd. completed the registration of ownership transfer on the land of this case from the Defendants on December 31, 2009 due to a consultation on the land of this case on December 28, 2009.

On January 13, 2010, U.S. entered into a contract with Defendant A to fully remove or move the relevant parts of the obstacles of this case, namely, that Defendant A would completely remove or move the relevant parts, and the Plaintiff would pay compensation KRW 357,886,930.

On the same day, Mayang Pream Co., Ltd. entered into a water compensation agreement with Defendant B on the same day, namely, that Defendant B would completely remove or move the relevant parts of the obstacles in this case, and that the Plaintiff would pay 329,276,930 won of compensation.

(hereinafter referred to as the “instant obstacle compensation agreement” in total. Accordingly, the ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal