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(영문) 수원지방법원평택지원 2019.04.05 2018가단54840
퇴거청구
Text

1. The defendant shall leave the plaintiff from the obstacles in the attached list No. 1.

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

3...

Reasons

1. Facts of recognition;

A. Under the Urban Development Act, the pertinent Plaintiff is an implementer of the instant urban development project as a cooperative established with the purpose of an urban development project for the area of 560,887 square meters in Pyeongtaek-si Seoul Special Metropolitan City (hereinafter “instant urban development project”). The Defendant is an occupant of the attached Table 1, which is located on the land in the instant urban development project district, in the Pyeongtaek-si D-si Special Metropolitan City and 453 square meters in size, E-gi 188 square meters in size, 565 square meters in size, Gabu 591 square meters in size, Gabu 591 square meters in size, and H prior 893 square meters in size (hereinafter “instant obstacles”).

B. The progress of the instant urban development project and the Plaintiff were designated as the project implementer on April 6, 2009 after obtaining authorization for establishment from the head of Pyeongtaek-si on March 20, 2009 with respect to the instant urban development project; thereafter, after obtaining authorization from the Governor of the Gyeonggi-do on January 29, 2010, obtained authorization for a land substitution plan from the head of Pyeongtaek-si on September 29, 2017 after obtaining authorization for an implementation plan on several occasions; and around October 12, 2017, the effective date of the land within the instant urban development project, including the instant land, was designated and publicly announced as a planned land substitution as of November 2, 2017.

On February 27, 2018, the Plaintiff agreed with the Defendant to compensate for losses on the instant obstacles, but did not reach an agreement, filed an application for adjudication of compensation for losses with the competent local Land Tribunal on or around August 27, 2018. The Gyeonggi-do Local Land Tribunal rendered adjudication of expropriation on or around August 27, 2018. The Plaintiff deposited the instant obstacles according to its final decision.

After December 3, 2018, the head of Pyeongtaek-si permitted the Plaintiff to move and remove obstacles, the compensation of which has been completed pursuant to Article 65 of the Urban Development Act, on condition that Article 38 of the Urban Development Act should be complied with.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, entries in Gap evidence 1-13 (including each number), and the purport of the whole pleadings】

2. Determination on the cause of the claim.

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