장애물철거등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In addition to the purport of each pleading in Gap's evidence Nos. 1 through 4 and Eul's evidence Nos. 1 through 5 (including branch numbers), the defendant attempted to consult with the plaintiff for the acquisition of each real estate listed in the separate sheet Nos. 1 (hereinafter "the land of this case") and compensation for each obstacle listed in the separate sheet Nos. 2 on the ground for the construction of road No. 1 for the road No. B, but failed to be sexually dead. Accordingly, the defendant filed an application with the local Land Tribunal of Gyeonggi-do for adjudication on expropriation of the land of this case on March 23, 2015. The defendant intended to pay the plaintiff the compensation in accordance with the above decision, but it was recognized that the defendant deposited KRW 76,258,000 as compensation for May 8, 2015 with the Incheon District Court of Busan District for the purpose of the construction of road No. 1198.
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion is that the defendant has a duty to remove the obstacles of this case as an incidental procedure, since he/she expropriateds the land of this case while conducting an urban planning facility project.
B. The following circumstances revealed in light of the above fact of recognition, namely, ① compensation for expenses incurred in the transfer of things fixed on the land subject to expropriation in connection with the expropriation procedure of land, etc. for public works projects (hereinafter “Act”) are merely limited to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Act”).
(2) Article 44 of the Act provides that if a person who is obligated to deliver or transfer land or articles is unable to do so without intention or negligence, or the project operator is unable to identify a person who is obligated to do so, the transfer of land or articles by proxy shall be ordered to do so, but in the case of this case, it shall not be required to do so.