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(영문) 의정부지방법원 2015.05.19 2014가단32557

부동산 인도 등

Text

1. The defendant shall be the plaintiff.

(a) to collect the trees listed in the separate sheet;

(b) 3,471 square meters of forest land B in Namyang-si.

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence Nos. 1, 2, 2-1, 3, 4, 5, 8-2, 1-1, 2-2, 7-2, 3, 13, 14, 16, and 7-2, 7-2, 7-3, 13, 14, and 16, and there is no other counter-proof.

On July 14, 2010, the Korea Land and Housing Corporation obtained approval of the housing site development plan for the Southern-do D zone announced by the Ministry of Land, Transport and Maritime Affairs in accordance with Article 8 of the former Housing Site Development Promotion Act.

Since then on September 17, 2010, the housing site development project is converted to the housing site development project in accordance with Article 48 of the former Special Act on the Construction of Bogeumjari Housing, etc. as notified by the Ministry of Land, Transport and Maritime Affairs, and the project implementer has changed to the plaintiff.

B. The Plaintiff, as the owner of B forest land B, 3,471 square meters (hereinafter “the instant forest”) incorporated into the said project zone, and the Defendant, the owner of the trees listed in the separate sheet listed in the instant forest land (hereinafter “the instant tree”), who was an owner of the instant forest land, agreed on compensation, but did not reach such agreement, filed an application for adjudication of expropriation with the Central Land Expropriation Committee.

C. 1) On October 24, 2013, the Central Land Tribunal: (a) determined the commencement date of expropriation as of December 17, 2013; (b) decided to expropriate the instant forest land owned by F with compensation of KRW 658,448,700; and (c) the Plaintiff paid F with compensation prior to the commencement date of expropriation; and (b) completed the registration of transfer on the ground of expropriation on December 26, 2013 with respect to the instant forest land; and (c) the Central Land Tribunal on December 19, 2013, “The instant tree was assessed as transfer cost by comprehensively taking into account the type, size, number, area, profitability, possibility of transplantation, difficulty of transplantation, and all other factors related to price formation” on the ground of G appraiser, future appraisal corporation, and future appraisal corporation’s new commencement date of expropriation on the basis of the compensation amount. < Amended by Act No. 12844, Feb. 11, 2014>