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(영문) 서울중앙지방법원 2020.09.23 2019가단5309941

건물인도

Text

1. The plaintiff, the defendant A, and the defendant B, are recorded in the annexed list No. 1, and the annexed list No. 2.

Reasons

1. Facts of recognition;

(a) The Minister of Land, Infrastructure and Transport designated a D public housing zone pursuant to Article 6 of the Special Act on Public Housing in order to promote D public housing zone development projects, and publicly notified this on June 29, 2016, and designated the Plaintiff as a public housing project operator pursuant to Article 4 of the Special Act on Public Housing.

B. In order to implement the above project, the Plaintiff acquired the ownership of 1370 square meters in Gangnam-gu Seoul Special Act on Public Housing and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the land located in the said public housing zone, and applied for adjudication of expropriation to the Central Land Expropriation Committee with respect to the obstacles described in paragraph (1) of the attached Table No. 1 (hereinafter “the attached Table No. 1”) owned by the Defendant A, obstacles described in paragraph (2) of the attached Table No. 2 (hereinafter “the attached Table No. 2”), and obstacles described in paragraph (3) of the attached Table No. 3 (hereinafter “the attached Table No. 3”) owned by the Defendant C (hereinafter “the attached Table No. 3”).

C. On May 9, 2019, the Central Land Tribunal rendered a ruling that each of the dates of expropriation will be as KRW 6,059,350 in total, KRW 4,639,00 in total, KRW 4,639,00 in total, KRW 5,362,00 in total, and KRW 5,362,00 in total, in the case of Chapter 3 goods, etc., and each of the dates of expropriation will be as of July 3, 2019. Upon the above ruling, the Plaintiff deposited each of the above compensations pursuant to Article 40 of the Land Expropriation Act on June 25, 2019.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of the whole pleadings]

2. Determination

(a) When the adjudication on expropriation of land or goods becomes final and conclusive as to the cause of the claim, the project operator shall acquire the ownership of such land or goods on the commencement date of expropriation, and simultaneously terminate other rights to such

(Article 45 (1) of the Land Expropriation Act). According to the above facts, the adjudication on expropriation of each obstacle of this case becomes final and conclusive and conclusive, and the date of commencement of expropriation is July 3, 2019.