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Reasons
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(영문) 의정부지방법원 2015.06.25 2014가단33253
부동산인도 등
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1. The defendant

(a) leave from the obstacles to paragraph 2 of the Schedule;

(b) in [Attachment 1, 3].

Reasons

1. Basic facts

A. The Plaintiff is a project implementer for the Bogeumjari Housing Project in Namyang-si District (hereinafter “the instant project”).

B. On April 17, 2012, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff on April 20, 2012, following the procedures for consultation on the acquisition of each land listed in paragraphs (1) and (3) of the attached Table 1 (hereinafter “instant 1, 3 land”) and the land for the farm area C in Namyang-si, Namyang-si, 44 square meters and D large 226 square meters.

C. On April 17, 2012, between B and B, the Plaintiff entered into an agreement on compensation with respect to each of the above obstacles on the ground of the instant land 1, such as the obstacles listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant obstacles”) and the compensation amounting to KRW 86,584,620, B, by July 31, 2012, with respect to each of the above obstacles, and paid KRW 86,584,620 to B on April 30, 2012.

On December 19, 2013, the Central Land Expropriation Committee rendered a ruling of expropriation that “the Plaintiff shall have the Defendant transfer obstacles owned on the ground of the instant land and compensate for losses at KRW 35,327,000 for the instant project.” On February 10, 2014, the Plaintiff paid the Defendant the above compensation KRW 35,327,000.

E. The defendant occupies each real estate listed in the separate sheet.

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 5, and 7 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of the judgment as to the cause of the claim, the defendant is obligated to deliver the land of this case 1 and 3 to the plaintiff and to leave the land of this case 2 obstacles.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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