지장물인도 등 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation of this case is as follows, except where the court stated the additional decision in this case in paragraph (2) below, and therefore, it is identical to the part of the judgment of the first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of
2. The defendant asserts that the plaintiff cannot respond to the plaintiff's request because the plaintiff did not provide a business compensation and did not supply a site for livelihood measures.
However, the instant project (B Bogeumjari Housing District development project) implemented by the Plaintiff was implemented on October 5, 201 in accordance with the former Special Act on the Construction of Bogeumjari Housing, etc. by the Ministry of Land, Transport and Maritime Affairs C, which was publicly announced by the Ministry of Land, Transport and Maritime Affairs, and Article 12251 of the Addenda of the Special Act on the Construction of Public Housing, Etc., and the instant project was implemented under the said Special Act from January 14, 2014.
In addition, Article 27(6) of the Special Act on the Construction of Public Housing, Etc. provides that “the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor” shall apply to the expropriation or use of land, etc. under the said special Act. According to Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, landowners and persons concerned, and other persons who are not landowners or persons concerned, and have rights to the land to be expropriated or used or to be used shall deliver or transfer such land or goods to the project implementer by the commencement date of expropriation or use. According to Article 45 of the said Act, the project implementer shall acquire the ownership of the land or goods on the commencement date
Therefore, as long as the Plaintiff paid compensation for losses to the greenhouse of this case, and the acceptance of the said compensation has commenced.