beta
(영문) 인천지방법원부천지원 2016.05.20 2015가합103837

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in Appendix 1’s Schedule;

(b)a list of obstacles in annex 2;

Reasons

1. Basic facts

A. (1) The Kimpo-si General Industrial Complex Development Project and the Kimpo-si Ltd. Co., Ltd. (hereinafter referred to as the “Gimpo-si") obtained approval of an industrial complex plan pursuant to Article 15(1) of the Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (hereinafter referred to as the “Gimpo-si General Industrial Complex”) to jointly implement the Kimpo-si General Industrial Complex Development Project (hereinafter referred to as the “Gimpo-si General Industrial Complex”), and the Gyeonggi-do Governor publicly announced the aforementioned projects as prescribed in Articles 2013-92 ( April 8, 2013), 2013-258 ( September 10, 2013), 2014-156 ( June 5, 2014), and 2014-205 ( July 17, 2014).

(2) The Kimpo-market and Kimpo-mort ballast owned by the Defendant between the Defendant and the Defendant, ① each real estate listed in the list of real property in attached Form 1, ② consultation for the acquisition of obstacles, etc. listed in the separate sheet of obstacles in attached Form 2, which are existing in each of the above real estate, but did not reach an agreement due to differences in opinions on the compensation price, etc.

(3) On August 31, 2015, the Gyeonggi-do Local Land Tribunal rendered a ruling of acceptance that "the project implementer, shall accept the real estate listed in the separate sheet No. 1 for the project, and transfer the obstacles, etc. listed in the separate sheet No. 2 to the Kimpo City and the Kimpo Ballast, and the compensation for the defendant shall be KRW 2,608,240,050, and the starting date of expropriation (transfer) shall be October 15, 2015."

(4) On October 14, 2015, according to the adjudication on expropriation as described in paragraph (3) above, Kimpo-Tech paid KRW 2,608,240,050 to the Defendant for compensation for losses.

B. Pursuant to Article 45 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Plaintiff’s ownership of each real estate listed in the separate sheet of real estate in the separate sheet of real estate in the separate sheet of the real estate shall be acquired on October 15, 2015, which is the starting date of expropriation.