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(영문) 대구지방법원의성지원 2017.04.19 2015가단10709
토지인도
Text

1. The Defendant (Appointed Party) and the appointed parties are each Plaintiff

(a) Attached drawings among the lands listed in paragraph 1 of the attached list;

Reasons

1. Facts of recognition;

A. The Plaintiff is a concessionaire who entrusted B corporation with the implementation of the C Private Investment Project pursuant to Article 15 of the Act on Private Participation in Infrastructure and Article 24 of the Road Act.

The Defendant, as the owner of the land listed in the attached list 1-6, occupied the land listed in the attached list (hereinafter “land 1” or “land 7”) and the building and structure listed in paragraph (1) of the disposition on the ground (hereinafter “instant ground property”) in accordance with the number stated in the attached list, along with the designated persons who are family members.

B. Upon the Plaintiff’s application for adjudication, the Central Land Expropriation Committee, upon request of two or more appraisal business operators, shall request the appraisal business operators to appraise the land, based on the appraised value. ① On August 22, 2013, the Central Land Expropriation Committee accepted the land No. 6 as D, and made a ruling of expropriation (Evidence No. 3-1) on September 23, 2013 with the date of commencement of expropriation as the date of September 23, 2013; ② accepted the land No. 1, 3, 4, and 5 as E on April 23, 2015, and accepted the land No. 1, 3, 4, and 5 as the date of commencement of expropriation as the date of May 26, 2015 (Evidence No. 3-3) (hereinafter collectively referred to as “the ruling”).

(2) Following the foregoing, the Plaintiff deposited KRW 63,438,500 in accordance with the purport of the instant decision to expropriate D as a depositee in September 16, 2013, the Plaintiff deposited KRW 63,438,500 in accordance with the purport of the instant decision to expropriate D, and on May 20, 2015, the instant court deposited KRW 430,688,400 in accordance with the purport of the instant decision to expropriate E, respectively.

3) Accordingly, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff as to the land owned by the Defendant on October 4, 2013, and the land Nos. 1, 3, 4, and 5 on June 3, 2015, respectively.

C. On September 23, 2013, the Plaintiff admitted land under F-owned 7 with respect to the land under F-owned 7.

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