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(영문) 수원지방법원안양지원 2019.11.22 2019가단111422
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex 1 list;

B. Attached Form 2. The B B B is a building site of 330 square meters.

Reasons

1. Facts of recognition;

B. On December 31, 2015, the Plaintiff was a person who carried out a public housing zone project (hereinafter “instant project”) for the area of the said area, including B B large 330 square meters (hereinafter “instant land”). On December 31, 2015, the public housing zone was designated and publicly announced as D with the Ministry of Land, Infrastructure and Transport’s notification on the instant project. On December 28, 2016, the designation and public announcement of the designation of the public housing zone and the designation of the district plan were made as E with the Ministry of Land, Infrastructure and Transport notification.

B. On the ground of the instant land, the Defendant owned the buildings listed in the attached Table 1 (hereinafter “instant building”) and the trees (specific details are as listed in the attached Table 2; hereinafter “instant trees”) on the ground of the instant land, and possessed the instant land, the instant building, and the instant trees.

C. On November 8, 2018, the Central Land Expropriation Committee filed an application for adjudication of expropriation with the Defendant to the Central Land Expropriation Committee, and on November 8, 2018, the Central Land Expropriation Committee rendered an adjudication stating that “the Plaintiff shall expropriate the instant land and buildings for the instant project, have the instant trees transferred, and the commencement date of expropriation will be January 2, 2019” (hereinafter “instant adjudication of expropriation”).

On December 21, 2018, the Plaintiff deposited compensation for the instant land, buildings, and trees of this case as determined by the instant expropriation ruling, and completed the registration of ownership transfer on February 22, 2019 for the instant land and buildings based on the said expropriation.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff acquired ownership of the instant land and building on January 2, 2019 by the instant acceptance ruling, and completed the payment of compensation for the instant trees. Therefore, the Defendant, barring any special circumstance, delivers the instant building to the Plaintiff and delivered the instant trees.

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