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(영문) 부산지방법원 2016.09.27 2016가단311410
건물명도
Text

1. The Plaintiff:

A. The defendant A and B are the real estate listed in the separate sheet No. 1;

B. Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a project implementer of the Busan H waterfront development project (hereinafter “instant project”), and is running a waterfront development project in Gangseo-gu, Busan, J, and K Won 11,85,000 square meters (hereinafter “instant project area”).

B. Within the instant business zone, Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant B (hereinafter “Defendant B”) had real estate listed in the separate sheet No. 1; Defendant C had real estate listed in the separate sheet No. 2; Defendant D occupied the land listed in the separate sheet No. 7, 8, 9, 10, and 7 of the attached sheet No. 4 among the 11,140 square meters of land in Gangseo-gu Busan Metropolitan City G river, which is a state-owned land; Defendant D occupied each of the land listed in the separate sheet No. 7, 8, 9, 10, and 152, which is an unauthorized building on the ground, 63.3 square meters of land and the 23.8 square meters of land in a wooden panel, which is an unauthorized building on the ground; Defendant E occupied the separate list No. 1,2,3,4,5,6, and 94 square meters of land in the separate sheet No. 170.

C. From September 2013, pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Plaintiff, including the Defendants, proceeded with the procedure for the acquisition of land and obstacles within the instant project area with the owners of land and obstacles. On January 24, 2014, the Plaintiff filed an application for adjudication of expropriation with respect to the persons eligible for compensation who did not have been acquired through consultation.

The Central Land Tribunal rendered a ruling of expropriation on September 25, 2014.

The Plaintiff paid compensation for the acquisition by agreement and the adjudication of expropriation, and acquired the ownership of land and obstacles owned or occupied by the Defendants.

The specific contents are as follows:

① Defendant A, B, and Defendant C filed an application for adjudication of expropriation with respect to the said Defendants, which did not have been acquired through consultation. The Central Land Expropriation Committee set the date of commencement of expropriation on September 25, 2014 as November 28, 2014.

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