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(영문) 청주지방법원 2015.08.12 2015가합20657

지장물 등 이전청구

Text

1. The Defendant shall transfer to the Plaintiff the obstacles indicated in the attached list, and the land indicated in the same list.

Reasons

1. Basic facts

A. The Plaintiff is a project implementer of the Cheongju-Techan Industrial Complex Development Project (hereinafter “instant project”), and the land and obstacles indicated in the attached list are located within the instant project district.

B. Defendant A owned obstacles to the entry of the same list on the land located in the same list (hereinafter “instant land”) located within the project implementation area of the instant project (hereinafter “instant obstacles”).

C. On August 19, 2014, the Chungcheongbuk-do Regional Land Tribunal: “The Plaintiff shall expropriate the instant land and obstacles, and the compensation for expropriation shall be KRW 15,674,850 (= KRW 14,174,850 of the instant obstacles in the instant land). The starting date of expropriation shall be October 17, 2014.”

On October 6, 2014, pursuant to Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), the Plaintiff deposited the above compensation for expropriation under this Court No. 2878 (Defendants under deposit), and completed the registration of ownership transfer on October 17, 2014 for the instant land.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 9 to 11, and the purport of the whole pleadings

2. The assertion and judgment

A. Article 43 of the Public Works Act provides, “The owner of land or person concerned or any other person who is not a landowner or person concerned, but a person who has the right to the land to be expropriated or used or any goods on such land, shall deliver or transfer the land or goods to the project operator by the commencement date of expropriation or use,” barring any special circumstance, the Defendant is obligated to transfer the instant obstacles to the Plaintiff, who is the project operator, and deliver the instant land to the Plaintiff as the effect of expropriation of the public land,

(b).