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(영문) 대구지방법원 서부지원 2018.05.30 2017가단56657
토지인도
Text

1. Of the instant lawsuit, each part of the claim for collection of obstacles listed in the separate sheet No. 2 shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On September 12, 2014, the Plaintiff is a person selected as a project implementer after the determination and announcement of a road zone of the road project (C; hereinafter “instant project”) by the Ministry of Land, Infrastructure and Transport published B on September 12, 2014, and the Defendant leased from D the Daegu-gun, Daegu-gun, 1057 square meters and above ground buildings, F-ground buildings, and F-185 square meters from G.

B. The Plaintiff, as the said project executor, filed an application for adjudication of expropriation with the Central Land Expropriation Committee on the above land and its ground obstacles on December 8, 2016, with respect to the expropriation of the above land, buildings, and obstacles, as to the G and the land acquisition and compensation for the buildings, which are the owners of H large 494 square meters of land located in the said road zone, which are the owners of H large 494 square meters of land among the above land located in the said road zone. Since the consultation with the Defendant, who is the owner of obstacles, did not reach an agreement on compensation for obstacles, the Central Land Expropriation Committee applied for adjudication of expropriation of the above land and its ground obstacles to the above land. The Central Land Expropriation Committee, on December 8, 2016, transferred the list of annexed Table 2 of the above land, which is KRW 161,04,000, KRW 110,573,000, KRW 675,000 of compensation for damages on the land owned by G, and KRW 167500 of the surface obstacles.

C. The Plaintiff’s deposit and the Plaintiff acquiring ownership of the Republic of Korea deposited KRW 9,563,00 as compensation for obstacles to the Defendant’s ownership on January 19, 2017 with the Defendant as the principal deposit on January 19, 2017 (On the other hand, the Plaintiff repaid KRW 56,645,700 on the same day with respect to the Defendant’s share of KRW 1/5 of the 1479 square meters prior to the JJ owned by the Defendant), and H and F on February 23, 2017, respectively.

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