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(영문) 서울중앙지방법원 2020.09.08 2020가단5078007

건물인도 등

Text

1. Of the instant lawsuit, the indication of the drawing(attached Form 4) on the Gangnam-gu Seoul Metropolitan Government B 1,409 square meters (attached Form 4), (1), (2), (3), (4), and (1) respectively.

Reasons

1. Facts of recognition;

A. On June 29, 2016, the Minister of Land, Infrastructure and Transport designated and publicly announced a day of Gangnam-gu Seoul Metropolitan Government D as a public housing zone pursuant to Article 6 of the Special Act on Public Housing.

(hereinafter referred to as “instant housing zone construction project”). B

On November 20, 2018, the Plaintiff, a project implementer of this case, completed the registration of transfer of ownership on the ground of consultation on public land on October 23, 2018, with respect to 1,409 square meters in Gangnam-gu Seoul Metropolitan Government, and C 826 square meters (hereinafter “1 and 2”) located in the project district.

C. The defendant is entitled to part of the land Nos. 1 and 2.

Three plastic greenhouses entered in the port (hereinafter referred to as "the first plastic greenhouse") are installed, and each obstacle (including each plastic greenhouse) entered in the list of [attached Form 3 is owned and possessed. D.

On January 15, 2019, the Plaintiff and the Defendant agreed to make a compensation agreement with the amount of compensation at KRW 37,090,730 for the foregoing obstacles, and the transferable matters until January 31, 2019, and the Plaintiff agreed to take over the goods necessary for removal at the Defendant’s expense.

(hereinafter referred to as the “instant compensation agreement”). (e)

On February 1, 2019, the Plaintiff paid KRW 37,090,730 to the Defendant an obstacle compensation in accordance with the instant compensatory agreement.

F. Meanwhile, after the date of designation and public notice of the instant public housing zone, the Defendant additionally installs the second vinyl house on the land, and owns and occupies the interior warehouse, etc.

【Ground for Recognition: The land, etc. may be expropriated or used, if necessary to develop a housing zone, where it is necessary for the development of a housing zone.

(2) The designation of a housing zone and public announcement thereof shall be project approval and project approval under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.