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(영문) 수원지방법원여주지원 2017.11.22 2017가단51629
토지인도
Text

1. The defendant shall be the plaintiff.

(a) 786 square meters in B miscellaneous land and respective obstacles indicated in the separate sheet on the ground of Echeon-si.

Reasons

1. Basic facts

A. The Plaintiff is the implementer of the “D Business” publicly notified as project approval C with the Ministry of Land, Infrastructure and Transport public notice.

B. In order to implement the instant project, the Central Land Expropriation Committee rendered a ruling of expropriation with respect to the obstacles indicated in B 786 square meters in the B Miscellaneous land (hereinafter “instant land”) and the annexed list on the ground (hereinafter “instant obstacles”) as indicated in the following table.

B A

C. Accordingly, on August 18, 2015, the Plaintiff deposited KRW 365,568,60, and KRW 329,765,000 for the instant obstacles under the heading 43 gold control in January 11, 2016, respectively, by having the Defendant as the principal deposit, the amount of compensation for the instant obstacles was KRW 329,765,00, respectively.

On May 26, 2016, the Central Land Tribunal rendered an objection to increase the compensation amount of KRW 13,558,500 to the land of this case on May 26, 2016. On July 28, 2016, the Plaintiff deposited KRW 13,558,500 as the deposit money of the Defendant on July 28, 2016.

E. On August 31, 2015, the Plaintiff completed the registration of ownership transfer based on the expropriation on August 18, 2015 with respect to the instant land.

F. The Defendant occupies the instant land and obstacles up to the date of closing the argument of the instant case.

[Ground of recognition] Unsatisfy, each entry or video of Gap evidence 1 to 7 (including branch numbers for those with a satisfy number) and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition as to the claim for extradition of the instant land and obstacles, the Plaintiff, the implementer of the instant project, acquired the ownership of the instant land on August 18, 2015, which is the date of expropriation, and the ownership of the instant obstacles on January 12, 2016, respectively, pursuant to Article 45 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), barring special circumstances.

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