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(영문) 수원지방법원평택지원 2020.11.11 2020가단52229
토지 및 지상물 인도 청구의 소
Text

The Defendant, as the Plaintiff

A. Connections each point of the attached Form 1-4, and 1, among the area of 4,783 square meters in Pyeongtaek-si D-si.

Reasons

1. Basic facts

A. The Plaintiff is an implementer who carries out a project to create “F” at Pyeongtaek-si E Board (hereinafter “instant project”).

B. On July 4, 2018, the Plaintiff paid KRW 5,596,110,00 as compensation for the instant land to the G that owned the instant land and the building on the land located within the instant land, and paid KRW 53,518,00 as compensation for the instant land, such as Hdong warehouse 280 square meters (hereinafter “instant warehouse”).

C. On July 4, 2018, the Plaintiff completed the registration of transfer of ownership based on a consultation on the land for public use on June 29, 2018. On September 19, 2018, the Plaintiff completed the registration of transfer of ownership based on a consultation on land for public use on September 11, 2018.

The Defendant is a lessee who leased the instant warehouse from G, the former owner of the instant warehouse, and installed a toilet of 16 square meters for a toilet of 16 square meters (hereinafter “instant toilet”) on the ground of the instant land (hereinafter “instant toilet,” and collectively referred to as “the instant building”). The Defendant occupied the instant building by installing an experimental structure, etc. on the ship, which connects each point of 1 to 4,783 square meters in the attached Form No. 1 to 1,400 square meters in line, among the 4,783 square meters in the land adjacent to the instant building, which is the land adjacent to the instant building.

E. The Plaintiff and the Defendant did not reach an agreement even though they agreed on the compensation for losses concerning the transfer of various obstacles on the ground of the instant land, including the toilet and the experimental structure of this case.

Accordingly, on May 13, 2019, the Gyeonggi-do Regional Land Tribunal rendered a ruling to expropriate the above obstacles (hereinafter “instant obstacles”) as of June 12, 2019. On June 11, 2019, the Plaintiff made a ruling to expropriate the obstacles (hereinafter “instant obstacles”) as of June 12, 2019. The Plaintiff, on June 11, 2019, appointed the Defendant as a depositee in this Court No. 956, as of June 2019.

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