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(영문) 대전지방법원 2018.06.27 2017가단25090
토지인도 등
Text

1. The defendant shall deliver to the plaintiff each real estate indicated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Facts of recognition

The plaintiff is the operator of the Seoul Urban Redevelopment Project (hereinafter referred to as the "instant project") with respect to the size of 148,973 square meters in Seo-gu Daejeon District B.

On January 16, 2015, the head of Seo-gu Daejeon Metropolitan City (Seoul Metropolitan City) designated an urban development project zone in relation to the project in this case, and set up and publicly announced an urban development plan, and then authorized and publicly announced an urban development plan and implementation plan for three times.

Attached Form

Each marked real estate is a house owned by the defendant after inheritance from D and its site that belongs to the instant business area.

The plaintiff was consulted with the defendant on the compensation for the loss of each real estate indicated in the attached Form and the obstacles thereto, but no agreement was reached.

Accordingly, on July 20, 2017, the plaintiff applied for a ruling to the Daejeon District Land Tribunal on July 20, 2017 and rendered a ruling to accept each real estate indicated in attached Form as of September 8, 2017.

Accordingly, on September 18, 2017, the registration of transfer of ownership was completed on September 8, 2017 for each real estate indicated in the separate sheet.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 5, and the judgment of the court below as to the ground for a claim as a whole of the pleadings, the plaintiff is a legitimate owner who acquired each real estate indicated in the separate sheet according to lawful acceptance procedures. Thus, barring special circumstances, the defendant is obligated to deliver each real estate indicated in the separate sheet

The defendant's assertion about the defendant's subjective value of the house that is judged by the defendant's argument that the defendant's property should be lost by expropriation of each real estate, regardless of his/her own will, with the deceased husband's own property and live for 48 years.

However, the above circumstances of the defendant are sufficiently fair, but they are found in the above facts of recognition.

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