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(영문) 의정부지방법원 2014.12.17 2014가단16982

건물인도

Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is the project implementer of the White School Tourism Development Project (hereinafter “instant project”) implemented in accordance with the Special Act on Support for Areas, etc. adjacent to the granted zone of US Armed Forces in Korea.

B. The Defendant is the owner of each building listed in 3300/9567 square meters of 9567 square meters in Gyeonggi-gun B farm site located within the instant business zone and the attached Table, which is the above ground building (hereinafter “instant building”). The Defendant occupied the instant building and run a money business, a food waste disposal facility business.

C. On November 21, 2013, the Central Land Tribunal applied for the adjudication of expropriation in order to not reach an agreement with the Defendant, who is the owner of the land in the instant project zone and the building in this case. On November 21, 2013, the Central Land Tribunal calculated compensation for losses on the land owned by the Defendant, including compensation for the obstacles, and compensation for suspension of work for the said fish business, etc., totaling KRW 264,580,650, and made the adjudication of expropriation on January 14, 2014 (hereinafter “the adjudication of expropriation in this case”).

The plaintiff deposited the full amount of each of the above compensation in accordance with the acceptance ruling of this case, and the defendant deposited the above compensation.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 6, Gap evidence 10, Gap evidence 11 (including partial numbers), the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts of recognition, the Plaintiff acquired the ownership of the instant building on January 14, 2014, which is the starting date of expropriation stipulated in the instant decision on expropriation.

As such, (see Article 31 of the Special Act on Support for Areas, etc. adjacent to the granted zone in the United States Armed Forces, Article 45 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects). The defendant is obligated to deliver the building to the plaintiff,

B. As to the defendant's assertion, the defendant still holds the building of this case.