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(영문) 춘천지방법원 강릉지원 2018.07.25 2017가단34314

건물명도(인도)

Text

1. Of the real estate listed in the separate sheet, the Defendant indicated in the attached sheet to the Plaintiff as indicated in the attached sheet, and indicated in the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.

Reasons

1. Facts of recognition;

A. C is the owner of the “A” portion of the instant building, which was connected in sequence 1,2, 3, 4, 5, 6, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 17, and 136 square meters of the instant building, among the real estate listed in the attached Table list as at the date of the ruling of expropriation, and the Defendant asserted that C leased the instant building.

B. On June 8, 2017, the Central Land Expropriation Committee rendered a ruling on the commencement date of expropriation on the said D land on July 10, 2017, with respect to which the Plaintiff, who is a project implementer, is located, pursuant to Article 34(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

(hereinafter referred to as “instant acceptance ruling”). C.

On July 10, 2017, the Plaintiff deposited KRW 114,622,740 of the land and obstacles compensation determined by the instant expropriation ruling with the Plaintiff as a depositee at this Court No. 820 of the year 2017.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 3, the purport of the whole pleadings

2. According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), if a project operator fails to pay or deposit the indemnity adjudicated by the competent Land Tribunal by the commencement date of expropriation or use (Article 42(1)), the adjudication by the relevant Land Tribunal shall lose its effect (Article 42(1)); landowners and persons who are not landowners or persons concerned; and persons who have rights to the land to be expropriated or used or persons concerned, who are not landowners or persons concerned, shall deliver or transfer the relevant land or things to the project operator by the commencement date of expropriation or use (Article 43); the project operator shall acquire the ownership of the land or things on the commencement date of expropriation, and any other matter concerning such land or things