토지 및 지장물 명도
1. The defendant shall interfere with the plaintiff with each real estate listed in the separate sheet No. 1 and the separate sheet No. 2.
Comprehensively taking account of the overall purport of the statements and arguments stated in the evidence Nos. 1-8, 2 through 5, 7, and 6-1, 6-2, the Plaintiff, a developer of the access road construction following the new construction of female-dong multi-unit housing, filed an application for an expropriation ruling on each real estate and obstacles (hereinafter “instant real estate and obstacles”) recorded in the separate sheet Nos. 1 and 2, owned by the Defendant, and filed for an expropriation ruling on December 21, 2018, the Jeonnam-do Regional Land Tribunal rendered a expropriation ruling as of February 8, 2019 on the date of the expropriation ruling as of December 21, 2019; the Defendant refused to accept the compensation; the Plaintiff deposited the compensation as of January 31, 2019; and the Plaintiff refused to acquire the pertinent real estate on February 14, 2019, as to each of the real estate listed in the separate list No. 158, 2019; and the fact that the Defendant refused to acquire the ownership transfer registration.
According to Articles 43 and 45 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, a project operator shall acquire the ownership of the land or goods on the commencement date of expropriation, and a person who has the right to the land to be expropriated or used or goods thereon shall deliver or transfer such land or goods to the project operator by the commencement date of expropriation or use. In full view of the facts acknowledged earlier, since the defendant occupies the real estate and obstacles without a legitimate title, he/she is obligated to deliver them to the
Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.