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(영문) 청주지방법원충주지원 2019.02.19 2018가단23448
토지인도
Text

1. The Defendants, among the land listed in the attached list, shall excavate the land indicated in the attached Form (a) to the Plaintiff, and the said land.

Reasons

1. Facts of recognition;

A. On July 17, 2017, the Plaintiff was designated as the implementer of a project for urban planning facilities (sports facilities: golf courses) (E business; hereinafter “instant project”) (hereinafter “instant project”); on October 20, 2017, the head of the voice Gun announced the authorization of the instant implementation plan as the F Public Notice of the Audio Gun.

The Defendants are the guardians of the graves indicated in the annexed Form No. 1 (hereinafter referred to as “instant graves”) among the lands listed in the annexed Form No. 1, part of the instant project site (hereinafter referred to as “instant land”), who are the management and disposition authority for the said graves.

B. The Plaintiff consulted with the owners of land and obstacles in order to acquire land incorporated in the instant project and transfer its ground obstacles, but failed to reach an agreement with some owners, including the Defendants, and filed an application for adjudication with the Chungcheongbuk-do Regional Land Tribunal.

C. On June 19, 2018, the Chungcheongbuk-do Regional Land Tribunal: (a) determined Defendant C’s compensation for losses for the instant grave at KRW 4,866,00; (b) rendered an adjudication on the commencement date of relocation or removal as of August 17, 2018 (hereinafter “instant adjudication”).

As Defendant C did not receive the above compensation, on July 18, 2018, the Plaintiff deposited KRW 4,866,000 as compensation for losses due to the instant judgment under the Cheongju District Court Decision No. 657, 2018, by designating the deposited person as Defendant C as the Defendant C.

E. After that, the Plaintiff completed the registration of ownership transfer as Cheongju District Court’s voice registry office on August 17, 2018 due to land expropriation on August 17, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 9, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for Public Works Projects to determine the cause of the claim, in the case of expropriation of land, etc., the project implementer shall own the land or goods on the commencement date

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