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(영문) 대전지방법원 2018.06.28 2017가단25120
토지인도 등
Text

1. The Defendant is a person who is a party to the Plaintiff with the second floor of the real estate listed in the separate sheet No. 1 list, and is a party to the case where the drawings are indicated in the separate sheet No. 2, 282.

Reasons

1. Basic facts

A. According to Articles 3 and 4 of the Urban Development Act with respect to the designation of an urban development zone and the establishment of a development plan for the land of 148,973 square meters in Seo-gu Daejeon-gu, Daejeon pursuant to the provisions of Article 3 and 4 of the Urban Development Act, it is the project implementer of the "D Project" (hereinafter referred to as the "instant project") publicly notified pursuant to Article 9 of the same Act, and the Plaintiff is the company that succeeded to the status of the said project implementer from the Asia-gu, Daejeon-gu, Seoul Special Metropolitan City.

B. The progress of various announcements related to the instant business is as follows.

- Public notice of urban development plans (approval E, and July 10, 2015), - Public notice of approval for urban development plans (approval for amendments) and implementation plans (FF, June 30, 2016), - Public notice of approval for urban development plans (approval for amendments) and implementation plans (Public notice of the Daejeon Metropolitan City Dae-gu, Daejeon Metropolitan City, G, January 25, 2017), - Public notice of approval for urban development plans (approval for amendments) and implementation plans (Public notice of the Daejeon Metropolitan City Tae-gu, Daejeon Metropolitan City, H, April 7, 2017), - Public notice of approval for urban development plans and implementation plans (approval for amendments)];

다. 별지 목록 기재 부동산은 이 사건 사업구역 내에 있고, 피고는 별지1 목록 기재 부동산의 2층 목욕탕(남탕) 중 별지2 도면의 남탕 중 도면표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 부분 이발소 16㎡(이하 ‘이 사건 부동산’이라 한다)의 임차인으로 위 부동산을 점유ㆍ사용하고 있다. 라.

On July 20, 2017, the Plaintiff filed an application for adjudication of expropriation with the Daejeon Metropolitan City Land Expropriation Committee (hereinafter “instant adjudication of expropriation”) in order to not reach an agreement on partial and expropriation among the owners and lessees of real estate in the instant project zone, and received the adjudication of expropriation on September 8, 2017 (hereinafter “instant adjudication of expropriation”). According to the said adjudication of expropriation, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on September 18, 2017 as to the real estate stated in the attached list containing the instant real estate.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5, the whole pleadings.

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