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(영문) 창원지방법원마산지원 2014.10.10 2014가단8458
건물명도
Text

1. The Plaintiff:

A. Defendant A shall order the buildings listed in paragraph 1 of the attached list.

B. Defendant B shall list attached hereto.

Reasons

1. Basic facts

A. The Plaintiff is the implementer of the road construction works by the D school located in Changwon-si Mucompo-gu C, and the Defendant A occupies the building listed in the attached Table No. 1, and the building listed in the attached Table No. 2, respectively.

B. The Plaintiff obtained authorization of the implementation plan pursuant to Article 88 of the National Land Planning and Utilization Act to implement the project of the Changwon Urban Planning Facility (Road 3-198 Line), and publicly announced it as E on January 28, 201 pursuant to Article 91 of the same Act and Article 100 of the Enforcement Decree of the same Act.

C. On March 20, 2013, the Plaintiff publicly announced the perusal of the compensation plan on five daily newspapers, including the Do Residents' Day, and on June 25, 2013, the Gyeongnam Regional Land Expropriation Committee deposited KRW 94,276,270 (total compensation KRW 96,580,90,000) for the land expropriation (hereinafter “instant building”) with respect to the building and obstacles indicated in paragraph (1) of the attached Table in the Changwon-si, Changwon-si, Changwon-si and the attached Table 1 (hereinafter “instant building”). On August 9, 2013, the Plaintiff deposited KRW 230,00 for Defendant A’s compensation 94,276,270 (total compensation KRW 96,580,90, KRW 905, KRW 2304,630) for co-owners of the said land.

Accordingly, the Plaintiff completed the registration of ownership transfer on August 28, 2013 with respect to 61 square meters of Masan-si, Changwon-si, Changwon-si, Changwon-si, Busan-si, which was divided into H, but the instant building was not registered on the ground that the building ledger and the written adjudication of expropriation are different.

E. On September 24, 2013, the Gyeongnam Regional Land Tribunal rendered a separate decision on the expenses for moving directors, relocation expenses, and resettlement subsidies, etc. On November 4, 2013, the Plaintiff deposited KRW 16,319,380 with Changwon District Court Msan Branch No. 1301 in the name of relocation expenses, etc. according to the above decision on November 4, 2013.

F. Defendant A filed an objection against a ruling of expropriation on November 15, 2013, and the Central Land Expropriation Committee (the Central Land Expropriation Committee) on November 21, 2013, against Defendant A’s compensation amounting to KRW 1,069,740.

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