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(영문) 대전지방법원 2018.06.20 2017가단25007

토지인도 등

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

The plaintiff is the developer of the C Urban Redevelopment Project (the project in this case referred to as the "instant project") with respect to the size of 148,973 square meters in Seoul Seo-gu, Daejeon.

On January 16, 2015, the head of Seo-gu Daejeon Metropolitan City (Seoul Metropolitan City) designated an urban development project zone in relation to the project in this case, and set up and publicly announced an urban development plan, and then authorized and publicly announced an urban development plan and implementation plan for three times.

Attached Form

Each of the real estate listed in the list was owned by D as belonging to the instant project zone, and D on May 3, 198, and jointly succeeded by E, F, G, H, and I upon D’s death.

(However, paragraph 1 of the attached list did not complete the inheritance registration). After that, the real estate listed in Paragraph 2 of the attached list became owned by G independently through sale and purchase, consultation or division.

The Plaintiff, who is the owner of each real estate listed in the attached list, was consulted on the compensation for losses on G and each real estate listed in the attached list, and on the compensation for losses on the area of 124.3 square meters, which is the relevant site, the Plaintiff did not reach an agreement.

Accordingly, on July 20, 2017, the plaintiff applied for a ruling to the Daejeon Regional Land Expropriation Committee and rendered a judgment on July 20, 2017, which accepted each real estate and its site stated in the separate sheet as of September 8, 2017.

Accordingly, on September 18, 2017, the registration of ownership transfer was completed on September 8, 2017 for each real estate listed in the separate sheet.

The defendant is a father of G, and has been given the right of possession and use of each real estate listed in the separate sheet from G to reside therein and has occupied it.

[Grounds for recognition] A. 1 through A5-3, and the above facts of recognition as to the ground for a claim for the purport of the entire pleadings, the plaintiff is the legitimate owner who acquired each real estate listed in the separate sheet according to lawful acceptance procedures. Thus, barring special circumstances, the defendant shall deliver each of the above real estate to the plaintiff.