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(영문) 수원지방법원안산지원 2016.09.22 2015가합21865
토지인도
Text

1. The defendant shall be the plaintiff.

A. Each land listed in attached Table 1. Paragraph 1. and each building listed in attached Table 2.1.

Reasons

1. Basic facts

A. The Plaintiff is an implementer of the “C development project” designated and publicly notified by the Ministry of Land, Transport and Maritime Affairs as a housing zone B (hereinafter “instant project”).

B. On January 17, 2013, the Central Land Tribunal rendered a ruling of expropriation that “the Plaintiff shall expropriate each land listed in attached Table 1.1 (hereinafter “instant land”), which was owned by the Defendant for the instant project, and determine the total amount of compensation for losses at KRW 1,065,209,80, and the date of commencement of expropriation at February 6, 2013.”

Accordingly, the Plaintiff paid KRW 1,065,209,80 to the Defendant around January 201, 2013, and completed the registration of ownership transfer on the ground of expropriation on March 7, 2013, the Suwon District Court’s Ansan Branch Decision No. 13346, supra.

C. In addition, on December 19, 2013, the Central Land Tribunal rendered a ruling of acceptance that “the Plaintiff shall accept buildings and other obstacles listed in attached Form 2. 2. “Real Estate List” (hereinafter “the instant building”) owned by the Defendant for the instant project, and the compensation for losses shall be determined at KRW 366,013,330, and the starting date of expropriation shall be February 11, 2014.” Accordingly, the Plaintiff deposited KRW 36,013,330 as the Defendant on February 7, 2014.

The defendant is occupying the land and buildings of this case until now.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 7 (including each number in the case with a serial number) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found in the above part of the claim for delivery of the instant land and building, the Plaintiff, as the implementer of the instant project, paid full compensation for losses to the Defendant upon the adjudication of the Land Tribunal

Therefore, Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) shall be applied to the Plaintiff, barring special circumstances.

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