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1. The Plaintiff:
A. Defendant B indicated in the attached Form No. 14, 15, 16, 17, 17, on the ground of 420 square meters in the location D gas station site in Young-si.
Reasons
1. Basic facts
A. The Plaintiff is an association with the authorization of establishment on August 23, 2008, and is the implementer of an urban development project in the Yongsan-si City A urban development zone (hereinafter “instant urban development project”) of the wife-population Furine A (hereinafter “instant urban development zone”) designated and publicly announced by the Young-si public notification E on June 24, 2008. Defendant B is the owner of 420 square meters of the site for the wife-population D gas station (hereinafter “instant land”). The Defendants owned the instant land as obstacles to the attached list, such as warehouses, houses, trees, etc. (hereinafter “instant obstacles”).
B. On May 14, 2015, the Plaintiff obtained authorization of the implementation plan of the instant urban development project from the Gansi-si public notice from the Gansi-si mayor, and obtained authorization for the change of a replotting plan on June 30, 2015. The Plaintiff designated the land reserved for replotting to Defendant B in accordance with the said replotting plan.
C. On June 29, 2015, the Gyeonggi-do Regional Land Tribunal rendered an adjudication of KRW 112,180,950 to Defendant B and KRW 12,434,720 to Defendant C with compensation for losses related to the instant obstacles, respectively. The date of commencing the transfer or removal of the instant obstacles was set as August 13, 2015.
Grounds for recognition: Gap1-9, and the whole purport of the pleading
2. Determination
(a) When reserved land for replotting is designated pursuant to Article 36 of the relevant provisions of the Urban Development Act (Effect of Designation of reserved land for replotting), the previous landowners and persons with rights of lease, etc. may exercise the same rights as before with regard to reserved land for replotting or relevant parts from the effective date of designation of reserved land for replotting to the date of public announcement of replotting disposition, and no previous land shall
Article 38 (Relocation and Removal of Obstacles, etc.) (1) Any implementer shall designate reserved land for replotting under Article 35 (1) or suspend use of previous land or profits therefrom under Article 37 (1), or modify or disuse facilities prescribed by Presidential Decree.