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(영문) 대구지방법원경주지원 2017.10.17 2017가단11806
토지인도
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in Appendix 1. The real estate list;

(b)Yek-si B, C, D, E, F.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Korea Rail Network Authority established under the Korea Rail Network Authority Act for the purpose of promoting the convenience of transportation of citizens and contributing to the sound development of the national economy by efficiently implementing the construction and management of railroad facilities and other projects related thereto. The Plaintiff is the implementer of the implementation plan on July 15, 2015, which was approved by the Minister of Land, Infrastructure and Transport as the implementation plan for the G lottery campaign (hereinafter “instant implementation project”). The Defendant owned each of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), each of the obstacles listed in the separate sheet No. 2, and the separate items listed in the separate sheet No. 3 (hereinafter “instant trees”).

B. On July 15, 2015, the instant implementation project announced the approval of the implementation plan as H with the Ministry of Land, Infrastructure and Transport public notice, and added the instant land to the place where the said project was incorporated.

C. The Plaintiff, while holding consultations with the Defendant on the acquisition compensation, did not reach an agreement on the acquisition of the instant land, the instant obstacles, and the instant trees between the Defendant, and the Central Land Expropriation Committee applied for adjudication. On February 9, 2017, the Central Land Expropriation Committee rendered an adjudication on the expropriation of the instant land, the instant obstacles, and the instant trees (the date of commencement of expropriation April 4, 2017), and made an adjudication on March 9, 2017.

On March 29, 2017, the Plaintiff deposited the full amount of the compensation according to the said ruling of acceptance with the Defendant as the principal deposit in this Court No. 205 in 2017.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim for delivery of the instant land and the instant obstacles

A. According to the above facts of recognition as to the cause of the claim, the above facts of recognition are as follows: Article 12 of the Railroad Construction Act; acquisition of land, etc. for public works and acquisition thereof.

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