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(영문) 대구지방법원안동지원 2015.01.07 2014가단20424
분묘굴이 등
Text

1. The plaintiff

A. The Defendant A indicated the attached Form No. 1 (1) and (2) in the attached Form No. 101856 square meters of Ansan-si D Forest land.

Reasons

1. Basic facts

A. In accordance with Article 6 of the Special Act on the Construction and Support of Urban Areas for the Relocation of Do Offices for the Construction of New Cities for the Relocation of Do Offices, the Plaintiff calculated the amount of compensation through an appraisal of the land to be incorporated into the said project and consulted with the landowner in order to acquire the land and relocate the surface obstacles. The Plaintiff, including the Defendants, filed an application for adjudication with the Local Land Tribunal of Gyeong-do since consultation with some owners, did not reach an agreement.

B. On January 15, 2014, the Gyeong-do Regional Land Tribunal rendered a ruling with the content that Defendant A would compensate for 7,550,000 won for the memorial tombstones, tombstones, and watchstones, and that Defendant B would compensate for 149,023,650 won for the graves and tombstones, tombstones, etc. referred to in subparagraph 1-B, and that Defendant C would compensate for 3,515,000 won for the graves, tombstones, and tombstones referred to in subparagraph 1-C, and that the date of expropriation will be March 6, 2014.

C. Upon the Defendants’ refusal to receive the aforementioned compensation, the Plaintiff deposited KRW 149,023,50 as Defendant B with the deposited person on February 27, 2014 (Article 125 of the Daegu District Court Decision 2014, Jun. 25, 2014) as well as Defendant A and C.

[Ground of recognition] Facts without dispute, Gap evidence 1-4, 13, 14, 4-1, 2, and 6-4, the purport of the whole pleadings

2. According to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to determine claims against Defendant A and B, in the case of expropriation of land, etc., a project operator shall acquire ownership of land or goods on the commencement date of expropriation as determined by the adjudication of expropriation (Article 45(1) of the above Act). In order to acquire ownership, the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation shall be paid or deposited.

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