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(영문) 광주지방법원 2019.06.21 2018나57550
건물등철거
Text

1. Of the instant counterclaim, the part on the fence, pine trees, and pine trees claimed by the Defendant for the confirmation of ownership added at the trial.

Reasons

1. Basic facts

A. The Plaintiff (competent District Management Office): (a) established and publicly announced the project name of the Plaintiff (hereinafter “instant project”), which is an implementation plan for river work under Article 27 of the River Act, as “B-river ecological river creation project,” and “B-river environment maintenance project.” (hereinafter “instant project”).

B. In order to acquire land to be incorporated in the instant project, the Plaintiff entered into a contract with the Defendant on July 25, 2013 on the acquisition of the land above the ground (hereinafter “the instant ground property”) on the aggregate of KRW 98,568,00,00 of compensation (i.e., KRW 11,260,80, KRW 400, KRW 18,800, KRW 18,800, KRW 19,000, KRW 400, KRW 19,080,000, KRW 2,3,44 land (hereinafter “each “land”) as indicated in the attached Table 1 list owned by the Defendant and the Defendant, and paid all the above compensation on August 19, 2013.

C. The Defendant, upon receiving the above compensation, agreed to remove the instant ground water by itself within three months (hereinafter “instant removal agreement”). D.

On June 25, 2015, the Central Land Tribunal rendered a ruling to expropriate the land listed in the attached Table 1 (hereinafter referred to as “land 1”) from the Defendant in order to acquire the land to be incorporated in the instant project.

(Commencement Date of Expropriation: August 18, 2015; 20,094,00 won for Expropriation Compensation). On August 19, 2015, the Plaintiff deposited the above Expropriation Compensation and completed the registration of ownership transfer on the first land.

E. However, the Defendant did not remove the obstacles of this case thereafter, rejected the Plaintiff’s request for delivery, and operated a restaurant from the land adjacent to the land listed in the attached Table 1 list (hereinafter collectively referred to as “instant land,” the location map of which is the same as the attached Form 3), and continuously occupied and used the 1 and 2 land until now.

F. On the other hand, the instant project contains the following contents for the instant land.

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