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(영문) 의정부지방법원 2014.12.19 2014가합5927
부동산 인도 등
Text

1. The defendant shall be the plaintiff.

(a)each real estate listed in the separate sheet 1;

(b)in respect of each land listed in Schedule 1 and 2.

Reasons

1. Basic facts

A. The Plaintiff is the project implementer of the Namyang-gu Housing Project (hereinafter “instant project”) and the Defendant is a person who is operating a gas station in the trade name when the Plaintiff occupies each real estate and each obstacle listed in Section 1-B of the attached Table 1 of the order (hereinafter “instant gas station”) entered in the attached Table 1 list of the instant project district incorporated in the instant project district (hereinafter “instant real estate and obstacle”).

B. On June 12, 2013, the Plaintiff paid KRW 2,595,161,400 of compensation to C, the owner of each land listed in [Attachment 1] List 1 and 2 (hereinafter “instant land”) and acquired the instant land by expropriation on June 24, 2013.

C. On August 22, 2013, the Plaintiff received a ruling from the Central Land Expropriation Committee on expropriation of the buildings listed in [Attachment 1 List 3 (hereinafter “instant building”) and each obstacles listed in [Attachment 1] Paragraph (b) of [Attachment 1] (hereinafter “instant obstacles”). On October 11, 2013, deposit KRW 392,14,080 for the instant buildings and obstacles at KRW 4532, Ji Government District Court deposited KRW 2013, Oct. 15, 2013, the expropriation of the instant buildings and obstacles was commenced on October 15, 2013.

On August 13, 2014, the Defendant filed a lawsuit against the Plaintiff by asserting that the assessment of compensation for the building and obstacles of this case is not appropriate, with the Suwon District Court 2014Guhap57202 (hereinafter “Separate Lawsuit”).

E. The amount of unjust enrichment equivalent to the rent that the Defendant gained by occupying and using the instant gas station is KRW 13,00,000 per month.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings】

2. According to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, a project operator shall pay or deposit the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation, and Article 40.

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