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(영문) 대전지방법원 2018.08.23 2017가단25014
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

1. Facts of recognition;

A. On January 16, 2015, pursuant to the relevant provisions, such as the Urban Development Act, the head of Seo-gu Daejeon Metropolitan City: (a) designated the above area as “C Urban Development Zone” for an urban development project with respect to the size of 148,973 square meters in Seo-gu, Daejeon (hereinafter “instant project”); and (b) publicly notified that the instant development plan was formulated for the instant project; (c) according to the said development plan, the operator of the instant project is A Young-gu, Inc. (hereinafter “A Young-gu”) and the method of executing the instant project was the method of expropriation or use

B. Afterwards, the Plaintiff succeeded to the status of the operator of the instant project from Asia-Pacific Trade, and on June 30, 2016, the head of Seo-gu Daejeon Metropolitan City Dae-gu approved and publicly notified the instant implementation plan.

C. Each real estate listed in the separate sheet (hereinafter referred to as each real estate of this case) and each real estate of 598 square meters located within the said “C Urban Development Zone,” and the Defendant owned each real estate of this case and the above D ground buildings (hereinafter referred to as the “each real estate of this case”) before the execution plan of the project of this case was authorized. D. The Defendant owned each real estate of this case and each of the above D ground buildings of this case.

The Plaintiff filed an application for adjudication of expropriation with the Daejeon Metropolitan City Land Expropriation Committee pursuant to the Urban Development Act and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), which did not reach an agreement with the Defendant to acquire and transfer each of the instant real estate, etc. on July 20, 2017. On July 20, 2017, the Plaintiff filed an application for adjudication of expropriation with the said Committee for compensation for damages for each of the instant real estate, etc. on KRW 383,487,850 ( KRW 170,181,00 for the real estate indicated in paragraph (1) of the attached Table 1 + KRW 107,52,400 for the real estate listed in paragraph (2) of the attached Table 2 + KRW 10,910,00 for the estimated real estate and gate, etc. on the real estate listed in paragraph (2) of the attached Table 10,910,000 for the real estate

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