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(영문) 춘천지방법원원주지원 2017.07.18 2016가단37289
토지인도
Text

1. The Defendants remove each ground indicated in the separate sheet No. 1 attached hereto, which is located on the land of 2,509 square meters prior to C in the city of Won-si, from the Plaintiff.

Reasons

Judgment on the Grounds of Claim

A. The following facts can be acknowledged according to the respective descriptions of Gap evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings.

1) The Plaintiff is a project implementer under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects with respect to the construction of roads in the Dong Circulation Circulation (Guido 42) and the 2,509 square meters (hereinafter “instant land”) between Defendant B and Defendant B on November 19, 2007.

(1) Each of the above-ground objects listed in the separate sheet Nos. 1, and each of the items listed in the separate sheet Nos. 2, with obstacles (hereinafter referred to as “instant obstacles”) in the separate sheet No. 3.

(1) After consultation as to the instant obstacles, Defendant B’s transfer or removal of the instant obstacles and the Plaintiff’s payment of KRW 104,474,750 to Defendant B of compensation for the instant obstacles (hereinafter “instant contract”).

A) The Plaintiff concluded a contract. Around that time, the Plaintiff paid KRW 104,474,750 of compensation to Defendant B. (2) On November 30, 2007, the Plaintiff completed the registration of ownership transfer on November 28, 2007 for the instant land based on the acquisition of public land consultation.

3) As of the date of the closing of argument in this case, there is an obstacle on the land in this case, and the Defendants have the right to dispose of the obstacles in this case. (b) According to the above facts, barring any special circumstance, Defendant B is obligated to allow the Plaintiff to remove and remove the obstacles in this case and deliver the land in this case according to the contract for removal of obstacles in this case. Defendant A farming association is obligated to remove and remove the obstacles in this case and deliver the land in this case to the Plaintiff, who is the owner of the land in this case. Defendant A farming association is obligated to remove and remove the obstacles in this case and deliver the land in this case. Defendant A farming association’s assertion as to the Defendants’ assertion 1) The Plaintiff could not give the compensation for the closure of the party business in consultation

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