건물인도
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On September 28, 2018, the Plaintiff was designated as the implementer of the urban planning facility project (road D/E road) project (hereinafter “instant project”), and the lower-nam City Mayor approved the implementation plan prepared by the Plaintiff regarding the instant project and publicly notified the implementation plan.
B. On September 5, 2019, the Central Land Tribunal rendered a ruling to expropriate each land of this case, which is the land to be incorporated into the project site of this case, as of October 7, 2019 (hereinafter “the first ruling”). On November 7, 2019, the Central Land Tribunal rendered a ruling to expropriate the instant No. 1 and 2 buildings (hereinafter “the second ruling”) on December 9, 2019 with the commencement date of expropriation as of December 9, 2019.
C. Before October 7, 2019, the Plaintiff paid the amount of compensation as determined by the first ruling to C, the owner of the instant land No. 1 and 2, and deposited the amount of compensation as determined by the first ruling to K, the owner of the instant land No. 3, with K as the deposited person. On December 6, 2019, the Plaintiff deposited KRW 373,701,600, the amount of compensation as determined by the second ruling to the deposited person C, as the amount of money No. 3779, J. 1, 2019.
Defendant A and the first building of this case, and Defendant B occupy the second building of this case, respectively, and the first and second obstacles of this case owned by Defendant A are located on the ground of the first and second lands of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 13, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff acquired ownership of each of the instant land and the instant building Nos. 1 and 2 by paying or depositing compensation prior to the commencement date of each expropriation in accordance with the adjudication of the first and second cases. Defendant A and Defendant B occupy the instant building and each of the instant land, and Defendant B occupy the instant building No. 1 and the instant building No. 2, respectively. On the ground of the instant land No. 1 and 2, which are owned by the Plaintiff.