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(영문) 수원지방법원 평택지원 2018.07.06 2017가단57477

퇴거청구 등

Text

1. The defendant attached to the plaintiff

1. Withdrawal from obstacles to the list;

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

3...

Reasons

1. Facts of recognition;

A. According to the Urban Development Act, the pertinent Plaintiff is an implementer of the instant urban development project with the purpose of conducting an urban development project for the area of 697,266 square meters of Pyeongtaek-si, No. 415-8, Dong-dong (hereinafter “instant urban development project”). The Defendant is an implementer of the instant urban development project, which is a cooperative established with the owners of the relevant land as its members, pursuant to the Urban Development Act. The attached Form located on some of the land located on the ground among the land located on Pyeongtaek-si, Seosi-dong, Sejong-dong, 365-17, 362-4, 545

1. It is the installation and possessor of obstacles to the entry in the list (hereinafter “instant obstacles”).

B. During the process of the instant urban development project, the Plaintiff obtained authorization of an implementation plan from the Governor of the Gyeonggi-do on September 30, 2009 for the instant urban development project, and obtained authorization of the implementation plan on December 21, 2015, obtained authorization of a land substitution plan from the head of Pyeongtaek-si on April 15, 2016, and completed the designation and public notice of land substitution for land within the instant urban development project zone, including the instant land, on April 18, 2016.

The Plaintiff filed an application with the competent local Land Tribunal of Gyeonggi-do for the adjudication of compensation for losses, in order to consult with the Defendant on the compensation for losses on the instant obstacles, but no agreement was reached. On October 30, 2017, the competent local Land Tribunal of Gyeonggi-do rendered the adjudication of compensation for losses on December 14, 2017 on the date of commencing the relocation and removal of the compensation for losses to the Defendant.

On December 12, 2017, the Plaintiff deposited KRW 61,742,50 on the ground that the Defendant refused to receive the above compensation.

On February 7, 2018, the head of Pyeongtaek-si permitted the Plaintiff to move and remove obstacles, the compensation of which has been completed pursuant to Article 65 of the Urban Development Act, subject to the provisions of Article 38 of the Urban Development Act.

[Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 through Gap evidence 15, Gap evidence 17, and the purport of whole pleadings]

2. Determination as to the cause of the claim.