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(영문) 울산지방법원 2017.11.29 2016가단25323
건물 등 지장물철거 및 토지인도
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The plaintiff's basic facts before it was repealed by Act No. 6252 of January 28, 2000 by the Seoul Special Metropolitan City Mayor/Do governor on May 18, 191

c. The land subdivision Act; hereinafter referred to as “land subdivision Act”).

(2) Pursuant to Article 2 of the Addenda of the same Act, the Seoul Special Metropolitan City Mayor, Ulsan-gun, K K 286,800 square meters has been authorized to establish an association and implement a land readjustment project (the Land Partition Act was repealed after the aforementioned authorization was granted, but the Land Partition Act prior to the abolition is applied to the land readjustment project in this case pursuant to Article 2 of the Addenda of the same Act). Defendant and the designated parties are the heir of L, the owner of the obstacles in this case located on the land located on the land located on the said project district. The Plaintiff implemented a land readjustment project on September 5, 2014, designated a land substitution plan for K Won-won land from the Ulsan Special Metropolitan City Mayor on September 5, 2014.

On June 14, 2016, the Plaintiff obtained permission for the relocation and removal of buildings, etc. from the head of the Ulsan-gu in order to remove obstacles and perform construction works.

In order to remove or remove the buildings, obstacles, etc., compensation for the obstacles shall be prior to such permission.

(bb) Where an agreement with the owner and the occupant is not reached, if the person entitled to the compensation refuses to receive it or is unable to receive it after the Land Tribunal adjudicates on the compensation for losses under Article 50 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, or if any reason exists, such as the state of refusing to receive it, the compensation may be deposited in the depository located in the location

“The condition was attached to this effect.”

The plaintiff, the heir of L, had a consultation on the compensation of the obstacles of this case, but did not reach an agreement on the subject of compensation and the amount of compensation.

Accordingly, the plaintiff filed an application for adjudication with the local Land Tribunal of Ulsan Metropolitan City around December 2016.

The local land expropriation committee of Ulsan Metropolitan City.

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