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(영문) 광주지방법원 2018.06.20 2017가단515263
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached 2. List on the land listed in Attached 1. List;

Reasons

1. Facts of recognition;

A. In order to implement the “National River B River Environment Creation Project” (hereinafter “instant project”), the Plaintiff shall pay the Defendant as its owner the sum of KRW 98,568,00,00 in the sum of the compensation calculated as to the land listed in the separate sheet No. 1 (hereinafter “instant land”) in accordance with Articles 16 and 17 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), as well as the ground listed in the separate sheet No. 2, located above (hereinafter “instant ground”) and the land listed in the separate sheet No. 3, 4, as indicated in the separate sheet No. 1, and the same year as the Gwangju District Court No. 19759, Aug. 7, 2013.

7.25.Completion the registration of ownership transfer based on a consultation on the public land.

B. On June 25, 2015, the Plaintiff deposited KRW 20,094,00 for the Defendant after receiving a ruling of expropriation from the Central Land Expropriation Committee as of August 18, 2015 pursuant to Article 78(1), (3), and Article 27 of the River Act, and Articles 20 and 22 of the Land Compensation Act on the date of commencement of expropriation for the purpose of implementing the instant project.

8. The same year as the Gwangju District Court No. 30256

8.18. Completion of the registration of ownership transfer based on expropriation.

C. Although the Defendant agreed to remove the instant ground objects (the specific location is the same as the attached Form 3 location map) within three months in receiving the above compensation amounting to KRW 98,568,000, the Defendant did not remove the above ground objects up to the present time, and it occupied the Plaintiff’s request for delivery of the instant land 1 and 2, which the Plaintiff acquired the Plaintiff’s ownership.

[Ground of recognition] The fact that there has been no dispute, each entry of Gap evidence 1 through 10, including various numbers, and the purport of whole pleading

2. Determination on the main claim

A. According to the above recognition of the above recognition of the obligation to remove the ground and deliver the land, the defendant shall have the ground of this case against the plaintiff.

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