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(영문) 대전지방법원 2018.06.21 2017가단25069
토지인도 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. According to Articles 3 and 4 of the Urban Development Act with respect to the designation of an urban development zone and the establishment of a development plan for the land of 148,973 square meters in Seo-gu Daejeon-gu, Daejeon pursuant to the provisions of Article 3 and 4 of the Urban Development Act, it is the project implementer of the "D Project" (hereinafter referred to as the "instant project") publicly notified pursuant to Article 9 of the same Act, and the Plaintiff is the company that succeeded to the status of the said project implementer from the Asia-gu, Daejeon-gu, Seoul Special Metropolitan City.

B. The progress of various announcements related to the instant business is as follows.

- Public notice of urban development plans (approval E, and July 10, 2015), - Public notice of approval for urban development plans (approval for amendments) and implementation plans (FF, June 30, 2016), - Public notice of approval for urban development plans (approval for amendments) and implementation plans (Public notice of the Daejeon Metropolitan City Dae-gu, Daejeon Metropolitan City, G, January 25, 2017), - Public notice of approval for urban development plans (approval for amendments) and implementation plans (Public notice of the Daejeon Metropolitan City Tae-gu, Daejeon Metropolitan City, H, April 7, 2017), - Public notice of approval for urban development plans and implementation plans (approval for amendments)];

C. The real estate indicated in the separate sheet (hereinafter “instant real estate”) is located in the instant project zone, and the Defendant is a lessee who submitted the lease contract (Evidence No. 5) submitted by the Defendant to the lessee, and the object is the second floor of the instant real estate among the instant real estate, but the Defendant does not specifically dispute the scope of the real estate indicated in the separate sheet that the Plaintiff seeks to deliver.

possession and use of section 4(d).

On July 20, 2017, the Plaintiff filed an application for adjudication of expropriation with the Daejeon Metropolitan City Land Expropriation Committee (hereinafter “instant adjudication of expropriation”) in order to not reach an agreement on partial and expropriation among the owners and lessees of real estate in the instant project zone, and received the adjudication of expropriation on September 8, 2017 (hereinafter “instant adjudication of expropriation”), and completed the registration of ownership transfer as to the instant real estate (land and buildings) on September 18, 2017 according to the said adjudication of expropriation.

grounds for recognition: there is no dispute.

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