beta
(영문) 인천지방법원 2017.04.20 2016가합57013

토지인도

Text

1. The defendant shall be the plaintiff.

(a) Of the lands listed in paragraph 1 of the attached Table 1, each point is indicated in the attached Form 1, 2, 3, 4, and 1.

Reasons

Facts of recognition

The plaintiff is a co-project implementer of the Incheon Scenic Zone Housing Development Project implemented for the total area of 11,188,450 square meters in Seo-gu, Seo-gu, Incheon. The defendant is a person who has occupied and used each real estate listed in the attached list in the project implementation district.

On February 6, 2009, the Minister of Land, Transport and Maritime Affairs approved and announced the development plan of the said housing site development project district under Ministry of Land, Transport and Maritime Affairs No. 2009-51.

On September 8, 2011, the Plaintiff completed the registration of transfer of ownership on the ground of expropriation on August 17, 2011 with respect to the land listed in paragraph (1) of the attached list, and 10,382 square meters in Seo-gu Incheon, Seo-gu, Incheon, and C 1,336 square meters.

Meanwhile, the Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee, and the said Land Expropriation Committee decided on March 24, 2016 as of May 17, 2016, in order to not reach an agreement on the land obstacles on the ground and the real estate stipulated in the attached list 2 and 3.

In accordance with the above ruling, the Plaintiff completed the Defendant’s compensation for the obstacles to the ground and real estate in attached Tables 2 and 3, as stated in attached Tables 1 and 2.

[Ground of recognition] A without dispute, each entry of Gap evidence Nos. 1 through 5, and the land indicated in Paragraph 1 of the attached Table Nos. 1 concerning the ground for claim of the entire purport of the pleadings, acquired ownership on September 8, 201 through consultation with the defendant, and the defendant is obligated to deliver the land to the plaintiff.

Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Parts of Delivery of Buildings listed in Attached Tables 2 and 2, 3, and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Land, etc. for Public Works Projects shall apply to a landowner or person concerned, and a person who has a right to the land to be expropriated or used or a