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(영문) 인천지방법원부천지원 2016.06.10 2015가단115802
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in Appendix 1’s Schedule;

(b)a list of obstacles in annex 2;

Reasons

1. The following facts may be acknowledged by the parties as a whole in view of the respective entries in Gap evidence Nos. 1 and Gap evidence Nos. 4 (including each number), and the whole purport of the pleadings.

(1) The Kimpo-si general industrial complex development project and the adjudication on expropriation of land, etc., (1) the Kimpo-si general industrial complex development project and the Kimpo-si General Industrial Complex Development Project Co., Ltd. (hereinafter referred to as the "Mapo-si") have obtained approval of an industrial complex plan pursuant to Article 15 (1) of the Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes in Kimpo-si, Kimpo-si, and the Gyeonggi-do Governor publicly announced the aforementioned projects as the Gyeonggi-do Public Notice No. 2013-92 ( April 8, 2013), No. 2013-258 ( September 10, 2013), No. 2014-156 ( June 5, 2014), and No. 2014-205 ( July 17, 2014).

(2) The Kimpo-market and Kimpo-mort ballast owned by the Defendant between the Defendant and the Defendant, ① each real estate listed in the list of real property in attached Form 1, ② consultation for the acquisition of obstacles, etc. listed in the separate sheet of obstacles in attached Form 2, which are existing in each of the above real estate, but did not reach an agreement due to differences in opinions on the compensation price, etc.

(3) On August 31, 2015, the Gyeonggi-do Local Land Tribunal rendered a ruling of acceptance that "the project implementer, shall accept the real estate listed in the separate sheet of real estate for the project, and shall transfer the obstacles, etc. listed in the separate sheet of the obstacles in the separate sheet of the annexed sheet No. 2 to the Kimpo Market and the Kimpo Ballast, and the compensation for the defendant shall be KRW 1,598,141,050, and the starting date of expropriation (transfer) shall be October 15, 2015."

(4) On October 14, 2015, according to the adjudication on expropriation as described in paragraph (3) above, Kimpo-Tech paid KRW 1,598,141,050 to the Defendant for compensation for losses.

B. The Plaintiff’s ownership of each real estate listed in the attached list of real estate in the attached list is acquired.

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