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(영문) 수원지방법원 성남지원 2018.09.21 2018가합400765

토지인도

Text

1. Of the instant lawsuits, the part of the claim for removal, removal, and taking of obstacles in the separate sheet shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is “C Urban Development (hereinafter “instant project”).

(2) On January 4, 2018, the Governor of the Gyeonggi-do publicly announced the authorization of the implementation plan for the instant project on January 4, 2018. 2) The Defendant occupies each of the obstacles listed in the B paddy-si, Gwangju (hereinafter “instant land”) and the attached list on the ground included in the instant project area (hereinafter “instant obstacles”).

B. 1) At the time of the Plaintiff’s expropriation ruling, etc. on the instant real estate, the Defendant’s shares as to the instant land (hereinafter “instant shares”) are the same as “instant shares.”

(2) On June 12, 2017, the Gyeonggi-do Regional Land Tribunal made an application for adjudication of expropriation of the instant land for the instant project on July 27, 2017, with the Plaintiff’s expropriation commencement date, and the compensation for expropriation of the instant shares is KRW 1,438,423,30, and the compensation for expropriation of the instant obstacles is KRW 76,286,50 (hereinafter “instant adjudication of expropriation”).

C. (1) The Defendant reserved an objection to the amount of compensation on July 3, 2017, and received all compensation in accordance with the purport of the instant adjudication on expropriation. (2) On August 1, 2017, the Plaintiff (70/200), Gwangju City (28/200), and Gwangju City Management Corporation (2/200) as co-owners, and completed the registration of ownership transfer on July 27, 2017.

3) Likewise, on August 1, 2017, the Plaintiff completed the registration of ownership transfer based on expropriation on July 27, 2017, where Plaintiff (70/200), Gwangju City (28/200), Gwangju Urban Management Corporation (2/200), and Gwangju Urban Management Corporation (2/200) as co-owners.

The defendant's objection.