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(영문) 의정부지방법원고양지원 2014.12.19 2014가합53028
토지인도
Text

1. The defendant delivers the building indicated in the attached list (2) to the plaintiff, and the land indicated in the attached list (1).

Reasons

1. Basic facts

A. The Plaintiff is the implementer of the project to create a house in the Goyang District, and the Defendant is the former owner of the land listed in the attached Table 1 (1) of the said project district (hereinafter “instant land”), which is set up and used the building listed in the attached Table 2 (hereinafter “instant building”) on the ground of the instant land as of the date of the closing of argument in the instant case.

B. On January 7, 2010, the Plaintiff completed the registration of ownership transfer on the instant land on January 13, 2010, on the grounds of an agreement on the acquisition of the land for public use on January 7, 2010.

C. Meanwhile, the Plaintiff and the Defendant filed an application for adjudication of expropriation on November 16, 2012, since they consulted on the compensation of the instant building, but did not reach an agreement. The Central Land Expropriation Committee rendered a ruling of expropriation on November 16, 2012.

The plaintiff deposited the increased amount of compensation in accordance with the above acceptance ruling to the defendant.

The defendant, who is dissatisfied with the above ruling of expropriation by the Central Land Expropriation Committee, filed an objection against the above ruling, and the appellate court 2013Guhap1985 filed a lawsuit claiming compensation for losses, and the same court 2014Guhap149 filed a lawsuit claiming compensation.

[Ground of recognition] Gap evidence 1 to 5 (including branch numbers), Eul evidence 2 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. (1) Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) provides that “A project operator shall pay compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation or use, but if a person entitled to compensation refuses to receive it, he/she may deposit the compensation at the deposit office in the location of the land, etc. to be expropriated or used by the commencement date of expropriation or use.” Article 43 of the aforementioned Act provides that “the landowner and person concerned shall deposit the compensation by the commencement date of expropriation or use.”

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