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(영문) 의정부지방법원 2016.11.02 2016가단105206
토지인도
Text

1. The defendant shall be the plaintiff.

(a) leave the building(s) as an obstacle to the entry in the annex 2 list;

(b) Appendix 3.

Reasons

1. (1) The Plaintiff is a project implementer of the Bogeumjari Housing Project designated by the Minister of Land, Infrastructure and Transport pursuant to Article 6 of the Special Act on the Construction of Bogeumjari Housing, etc. for the Bogeumjari Housing Project, and the Defendant occupies real estate and obstacles in the attached list of the project districts of this case.

(2) The Plaintiff consulted with the Defendant to acquire land and transfer goods owned by the Defendant to be incorporated in the instant Bogeumjari project. However, the Plaintiff did not reach an agreement and filed an application for adjudication with the Central Land Expropriation Committee as of January 28, 2013.

(3) On December 17, 2015, the Central Land Expropriation Committee rendered a ruling to expropriate each parcel of land listed in the separate sheet Nos. 2, 3, and 4 as well as to transfer obstacles listed in the separate sheet Nos. 2, 3, and 4, and to pay compensation for losses. The date of commencement of expropriation was determined on February 11, 2016.

The defendant raised an objection against the above ruling, and the Central Land Expropriation Committee is continuing to be 16 Ghana032 as of the date of the closing of argument.

(4) On January 27, 2016, the Plaintiff paid the compensation following the adjudication by deposit on January 27, 2016. On February 11, 2016, the Plaintiff completed the registration of ownership transfer based on land expropriation.

(5) On December 17, 2015, the Plaintiff obtained a ruling of expropriation for each obstacle, such as the entry in the separate list Nos. 2, 3, and 4 owned by the Defendant on the above land, and compensated for the transfer cost by depositing the compensation in accordance with the ruling of expropriation.

(6) The amount equivalent to the rent for the land indicated in the separate sheet No. 1 list shall be KRW 13,321,020 from February 11, 2016 to August 30, 2016, which is the date of expropriation for the defendant, and thereafter the amount shall be KRW 24,136,100 each year.

[Ground of Recognition] Unsatisfy, Gap 1-17, Eul 1-21 (including paper numbers), the appraiser C’s appraisal result, the purport of the whole pleadings

2. (1) According to the above facts of recognition, the Plaintiff acquired the ownership of each land listed in the separate sheet No. 1.

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