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(영문) 대전지방법원 2018.06.20 2017가단25045
토지인도 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who succeeded to the status of a project implementer for an urban development project under the Urban Development Act (hereinafter “instant project”) with respect to the land of 148,973 square meters in Seo-gu Daejeon-gu, Daejeon-gu, Daejeon-gu. The Defendant is the owner of the land and building indicated in the attached land located within the instant project area (hereinafter “instant real estate”).

B. The progress of various announcements related to the instant business is as follows.

- Public notice of urban development plans (revision) [Public notice of urban development plans (Public notice C, 2015 July 10, 2015), public notice of authorization for urban development plans (revision of the Daejeon Metropolitan City) and implementation plans (Public notice D, June 30, 2016), public notice of authorization for urban development plans (approval E, January 25, 2017), and public notice of authorization for implementation plans (public notice of the Daejeon Metropolitan City Dae-gu, Daejeon Metropolitan City, Public notice of the change), and public notice of authorization for urban development plans (approval) and implementation plans (F, April 7, 2017, the Daejeon Metropolitan City public notice of the change), respectively)]

C. On July 20, 2017, the Plaintiff filed an application with the Daejeon Metropolitan City Land Expropriation Committee for the adjudication of expropriation of the instant real estate in order to avoid objection or consultation with the Defendant, and the Daejeon Metropolitan City Land Expropriation Committee rendered an adjudication of expropriation on September 8, 2017 (hereinafter “instant adjudication of expropriation”) with respect to the instant real estate on the commencement date of expropriation.

On September 5, 2017, the Plaintiff deposited KRW 184,439,00 for the instant real estate as a depositee (i.e., land KRW 52,916,700, including the building of KRW 131,52,300).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11, purport of whole pleadings

2. Determination

A. Article 22 of the Urban Development Act, which causes the claim, can expropriate or use the land necessary for an urban development project.

(2) Except as otherwise provided for in this Act, the expropriation or use of land, etc. under paragraph (1).

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