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(영문) 의정부지방법원 2018.07.18 2017가단110519
토지인도
Text

1. The plaintiff's claim for removal, removal, etc. of obstacles in the lawsuit of this case shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was a corporation that was established based on the Korea Land and Housing Corporation, and was designated by the Minister of Land, Transport and Maritime Affairs as the implementer of the Gu Government Housing District development project (hereinafter “instant project”) that sets the project implementation district as the Do Government Housing District Development Project District (hereinafter “instant project”) around October 24, 2008.

B. Meanwhile, on the other hand, on April 21, 2016, the Central Land Expropriation Committee made the date of expropriation as of June 14, 2016, and accepted each land listed in the separate sheet No. 1 (hereinafter “each land of this case”), which is owned by the defendant in the project district (hereinafter “each land of this case”), in order, and transferred each obstacles listed in the separate sheet No. 2, owned by the defendant (hereinafter “instant expropriation ruling”) on the land of this case (hereinafter “instant expropriation ruling”), and paid compensation for each land of this case and obstacles to the defendant according to the above adjudication, and completed the registration of ownership transfer under the name of the plaintiff on June 29, 2016 due to expropriation on June 14, 2016.

C. However, the Defendant dissatisfied with the instant acceptance ruling and filed an administrative suit against the Plaintiff seeking an increase in compensation as the District Court 2016Guhap112. D.

At present, the Defendant owned each of the obstacles on the ground of the instant land Nos. 1 and 2, and occupied each of the above land.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The Plaintiff seeking the removal, taking, or removal of obstacles on the ground that the Defendant’s compensation for the removal of obstacles was paid to the instant obstacles on the land owned by the Defendant on the ground of the instant land 1 and 2.

However, according to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), land owners, persons concerned, and other persons shall be expropriated.

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