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(영문) 대구지방법원영덕지원 2020.06.09 2019가단11055

토지인도 등 청구

Text

1. The defendant shall be the plaintiff.

(a) Three-storys of reinforced concrete structure on the ground specified in the attached list No. 1;

Reasons

1. Facts of recognition;

A. The Plaintiff is a project implementer of a road project publicly announced by the Ministry of Land, Infrastructure and Transport (C Highway Construction Project) on January 13, 2017, and the Defendant was the owner of each land indicated in the separate sheet and the land indicated in paragraph (1) of the attached Table 1, 174.2 square meters of 174.2 square meters of 176.7 square meters of 2 stories, 126.7 square meters of 3 stories, and 83.7 square meters of 3 stories (in the registration ledger: indication on the land on the register: 114.39 square meters of 114.39 square meters of 114.85 square meters of 1st floor of single-story reinforced concrete structure, 50.85 square meters of single-story, 114.71 square meters of single-story

B. On June 14, 2018, the Central Land Tribunal rendered a ruling of expropriation on each of the lands listed in paragraphs 2 and 3 of the attached Table No. 2 and the instant housing, etc. as of August 8, 2018. The Plaintiff deposited compensation for losses with the Defendant as a depositee on August 3, 2018. The Republic of Korea completed the registration of ownership transfer on each of the lands listed in Tables 2 and 3 of the attached Table No. 2 and 3 on August 8, 2018.

C. On February 18, 2020, Korea completed the registration of ownership transfer on January 29, 2020 with respect to the land stated in paragraph 1 of the Attached List No. 1.

1) The rent equivalent to the amount of the rent from January 29, 2020 to April 13, 2020 shall be 858,240 won (monthly 344,420 won) for the land specified in paragraph (2) of attached Table 2, from August 8, 2018 to August 7, 2019, is 2,716,140 won for the rent of the land specified in attached Table 1, and 1,88,560 won for the period from August 8, 2019 to April 13, 2020 (monthly 230,400 won).

3) The amount equivalent to the rent for the land specified in paragraph (3) of the attached Table 3 is KRW 1,370,040 from August 8, 2018 to August 7, 2019, and KRW 951,880 (monthly 116,130) from August 8, 2019 to April 13, 2020. [Grounds for recognition] The fact that there is no dispute over the land involved; Party A’s 1,2,3,4,5,7, and 8 evidence (with a serial number, each entry or image including each serial number, the result of appraiser D’s appraisal, the purport of the entire pleadings, and the purport of the entire pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant is the plaintiff of this case.