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(영문) 창원지방법원 2015.05.14 2014가합34478

농막등 퇴거 청구의 소

Text

1. The Defendants are to the Plaintiff:

A. Of the 496 square meters in G-si, Kimhae-si, each point of the attached Form No. 2, 3, 4, 14, and 2 shall be in order.

Reasons

1. Basic facts

A. The Plaintiff is an association organized by its landowners for the purpose of an urban development project for Kimhae-si L and M M land (hereinafter “instant urban development project”), and is an implementer of the said urban development project.

B. On December 13, 2007, the Do governor designated MJ land of 213,890 square meters as an urban development zone. After that, on January 18, 2011, the Do governor designated the land substitution plan for the above area. On February 16, 2011, the Do governor designated the land substitution plan as of February 16, 201. < Amended by Presidential Decree No. 23296, Feb. 16, 201; Presidential Decree No. 2429, Feb. 16, 2011; Presidential Decree No. 23578, Feb. 29, 201; Presidential Decree No. 23572, Mar. 7, 203; Presidential Decree No. 20622,

C. The Defendants occupied the farmland, which is located on the ground of paragraphs (a) through (n) and (a) through (d) (1) of the attached Form among the instant land, in a farming shed, vinyl house, etc. (hereinafter “the instant farming shed, etc.”) while living therein.

In order to remove buildings, obstacles, etc. located on the instant land following the implementation of the instant urban development project, the Plaintiff applied for permission to remove obstacles at the time of Kimhae on November 2, 201. On November 7, 2011, the Plaintiff obtained permission to remove obstacles on the condition that (i) the owner of the goods prior to the removal of obstacles would make efforts to make an agreement on the owner of the goods prior to the removal of obstacles; (ii) the procedures for filing an objection against the loss prior to the removal of obstacles would be sufficiently informed in advance in cases where it is difficult to make an smooth resolution, such as consultation compensation; and (iii) the removal of obstacles on the condition that the removal of obstacles would not cause safety accidents prior to the procedures prescribed by relevant Acts

E. The Plaintiff intended to pay KRW 146,511,960 to Defendant D, who owns the instant farmer’s house, etc. as a obstacles in accordance with the adjudication of compensation for losses by the Gyeongnam-do Regional Land Tribunal on May 1, 2012. However, the said Defendant refused to receive the compensation and deposited the said compensation on June 22, 2012, and Defendant D deposited the said compensation.