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(영문) 수원지방법원 평택지원 2018.07.06 2017가단57446
퇴거청구 등
Text

1. The defendant attached to the plaintiff

1. Withdrawal from obstacles to the list;

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

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 697,266 square meters in Pyeongtaek-si C, Ilwon (hereinafter “instant urban development project”). The Defendant is a land owner in the instant urban development project, which is located on the land in the instant urban development project district, 1,359 square meters in Pyeongtaek-si Do warehouse site, 78 square meters in E warehouse site, 62 square meters in warehouse site, 1,517 square meters in G warehouse site, which is located on the land of this case.

1. It is the installation and possessor of obstacles to the entry in the list (hereinafter “instant obstacles”).

B. During the process of the instant urban development project, the Plaintiff obtained authorization of an implementation plan from the Governor of the Gyeonggi-do on September 30, 2009 for the instant urban development project, and obtained authorization of the implementation plan on December 21, 2015, obtained authorization of a land substitution plan from the head of Pyeongtaek-si on April 15, 2016, and completed the designation and public notice of land substitution for land within the instant urban development project zone, including the instant land, on April 18, 2016.

The Plaintiff filed an application with the competent local Land Tribunal of Gyeonggi-do for the adjudication of compensation for losses, in order to hold a consultation on compensation for losses on the instant obstacles with the Defendant, but did not reach an agreement. On October 30, 2017, the Gyeonggi-do Local Land Tribunal rendered the adjudication of compensation for losses on December 14, 2017, the date of commencing the relocation and removal of the Defendant’s compensation for losses.

On December 12, 2017, the Plaintiff deposited KRW 609,603,90 on the ground that the Defendant refused to receive the above compensation for losses.

On February 7, 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, subject to the provisions of Article 38 of the Urban Development Act.

[Ground for Recognition: Facts that there is no dispute between the parties or do not clearly dispute, entry of Gap evidence 1 to Gap evidence 17, and purport of whole pleadings]

2. The cause of the action.

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