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(영문) 수원지방법원안양지원 2019.10.17 2019가단111439

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver each building listed in [Attachment I] Nos. 1 to 6;

(b) paragraphs 7 and 8 of the same list;

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1-7 (including a serial number), taking into account the overall purport of the pleadings.

The Defendant owned each of the lands listed in paragraphs 1 through 6 of the attached Table 1 (hereinafter “each of the instant buildings”) and trees on the ground (specific details are as shown in the attached Table 2; hereinafter “the instant trees”) listed in paragraphs 7 and 8 of the same list as each of the buildings listed in paragraphs 1 through 6 of the attached Table 1 (hereinafter “each of the instant buildings”).

B. On December 31, 2015, the Plaintiff was designated and publicly announced as a public housing zone for the instant project as announced D by the Ministry of Land, Infrastructure and Transport on December 31, 2015. On December 28, 2016, the designation and public announcement of the designation of a public housing zone and the district plan were made to E as announced by the Ministry of Land, Infrastructure and Transport on December 28, 2016.

C. On November 8, 2018, the Central Land Expropriation Committee filed an application for adjudication of expropriation with the Defendant and the instant building, the instant land, and the instant trees, to which it did not reach an agreement on compensation. On November 8, 2018, the Central Land Expropriation Committee rendered an adjudication (hereinafter “instant adjudication”) with the content that “the Plaintiff expropriates each of the instant building and the instant land for the instant project, and transfers the instant trees, and the commencement date of expropriation would be January 2, 2019.”

The Plaintiff appears to have paid or deposited to the Defendant all the compensation for each of the instant buildings, the instant land, and the trees of this case as determined by the instant adjudication, and completed the registration of transfer of ownership on February 22, 2019 for each of the instant land.

2. According to the above facts finding as to the Plaintiff’s claim, the Plaintiff’s respective building of this case and each land of this case on January 2, 2019 by the instant ruling, etc.