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(영문) 대전지방법원천안지원 2020.06.12 2019가합103082
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff’s status, etc. as the parties to the instant project is as follows: (a) the Plaintiff’s D development project from the ASEAN City Headquarters C (hereinafter “instant project”).

On January 18, 2016, the Do Governor approved and publicly announced an industrial complex plan for the instant project via E in accordance with Article 15 of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes. 2) The Defendant was a person who was an owner of each real estate listed in the separate sheet No. 1 (hereinafter referred to as “each land of this case,” and, if necessary, specified in the separate sheet No. 1) located in the instant project area, and owned the trees and pumping machines listed in the separate sheet No. 2 on the ground of the real estate No. 1 listed in the separate sheet No. 1 (hereinafter referred to as “instant obstacles”).

B. (1) The Plaintiff filed an application for adjudication of expropriation with the local Land Expropriation Committee for the expropriation of each land of this case and the obstacles of this case, which did not reach an agreement, and on November 19, 2018, the Chungcheongnam-do Local Land Expropriation Committee of Chungcheongnam-do filed an application for adjudication of expropriation on expropriation (hereinafter referred to as “adjudication of expropriation”) with the Defendant, stating that “The Plaintiff shall expropriate each land of this case, have the Plaintiff transferred the trees of this case and the transferee of this case, and the compensation for losses for each land of this case shall be KRW 1,170,856,390, and KRW 31,605,000, the compensation for losses for the obstacles of this case shall be KRW 31,605,00, the date of commencement of expropriation shall be January 3, 2019.”

(2) On December 27, 2018, the Plaintiff deposited KRW 1,202,461,390 (=1,170,856,390 KRW 31,605,00) with the Defendant as a depositee at the Daejeon District Court’s Daejeon District Court’s Branch Decision No. 2680 in 2018 (i.e., KRW 1,170,856,390).

C. On January 3, 2019, the Plaintiff, including the Plaintiff’s transfer of ownership, completed the registration of ownership transfer based on the expropriation on the same day, and on the same day, on November 10, 2017 to F Co., Ltd. (hereinafter “F”).

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