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(영문) 수원지방법원평택지원 2019.07.19 2018가단61596

퇴거청구

Text

1. The defendant shall leave the plaintiff from the obstacles in the attached list No. 1.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of an urban development project for the area of 191,610 square meters in Pyeongtaek-si C, Ilwon (hereinafter “instant urban development project”). The Plaintiff is an implementer of the instant urban development project, and the Defendant is an owner or occupant of Pyeongtaek-si D-si and 347 square meters on the ground (hereinafter “instant land”), which is the land within the instant urban development project zone, as indicated in the attached Table 1 list on the ground (hereinafter “instant obstacles”).

B. On February 11, 2010, the Governor of the Gyeonggi-do publicly announced the designation of an urban development zone and the formulation of a development plan for the instant urban development project. The Plaintiff obtained an authorization to establish the association from the head of Pyeongtaek-si on June 2, 201, and was designated as the project implementer on June 30, 201.

On September 14, 2011 and June 5, 2012, the head of Pyeongtaek-si announced the establishment of the development plan for the instant urban development project, and the Gyeonggi-do Governor announced the approval of the implementation plan and topographic drawings of the instant urban development project on February 28, 2014, and the head of Pyeongtaek-si announced the amendment of the development plan and the amendment of the implementation plan on October 5, 2015.

On November 2, 2015, the head of Pyeongtaek-si approved a land substitution plan for the instant urban development project. On November 17, 2015, the Plaintiff designated and announced the land substitution plan for the instant urban development project on November 17, 2015, and according to the aforementioned land substitution plan protocol, the instant land is subject to the liquidation of money.

On the other hand, on April 17, 2019, the head of Pyeongtaek-si permitted the relocation and removal of obstacles, etc. according to the implementation of the instant urban development project on the obstacles in the instant case owned by the Defendant.

C. On March 26, 2019, the Plaintiff was adjudicated by the local Land Tribunal of Gyeonggi-do to compensate for the damages to the owners of obstacles, etc. in the above project zone for which no agreement was reached. According to the above adjudication, the Plaintiff deposited KRW 112,925,360 of the compensation for the total obstacles to the ground of the instant land.

The Suwon District Court shall prohibit in 2019 the Housing Site Board.