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(영문) 수원지방법원평택지원 2019.02.15 2018가단54192

퇴거청구

Text

1. The Defendants shall leave the Plaintiff from the obstacles indicated in the attached Table 1. List.

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

Reasons

1. Facts of recognition;

A. In accordance with the Urban Development Act, the pertinent Plaintiff is an implementer of the instant urban development project as a cooperative established with the purpose of an urban development project on the area of 560,887 square meters for Pyeongtaek-si (hereinafter “instant urban development project”). The Defendant C is a landowner of the instant urban development project, who is a land within the instant urban development project zone, of Pyeongtaek-si land, of 691 square meters, of 350 square meters for a 390 square meters for a 390 square meters for a 390 square meters for a land located within the instant urban development project zone, and a landowner of the Defendant B is a landowner of the attached Table 1 located on the area of 560,887 square meters for Pyeongtaek-si (hereinafter “instant urban development project”).

B. The progress of the instant urban development project and the Plaintiff were designated as the project implementer on April 6, 2009 after obtaining authorization for establishment from the head of Pyeongtaek-si on March 20, 2009 with respect to the instant urban development project; thereafter, after obtaining authorization from the Governor of the Gyeonggi-do on January 29, 2010, obtained authorization for a land substitution plan from the head of Pyeongtaek-si on September 29, 2017 after obtaining authorization for an implementation plan on several occasions; and around October 12, 2017, the effective date of the land within the instant urban development project, including the instant land, was designated and publicly announced as a planned land substitution as of November 2, 2017.

On February 27, 2018, the Plaintiff agreed with Defendant C on the compensation for losses concerning the instant obstacles, but did not reach an agreement, filed an application for the adjudication of compensation for losses with the competent local Land Tribunal on or around February 27, 2018, and the Gyeonggi-do Local Land Tribunal rendered the adjudication of expropriation around August 27, 2018.

On November 20, 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, on condition that Article 38 of the Urban Development Act should be complied with.

【Ground for Recognition: Each entry of Gap evidence 1 or Gap evidence 14 (including each number and pleading) in the facts that there is no dispute between the parties or is not clearly disputed.