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(영문) 수원지방법원 2017.04.06 2016가단537793
인도청구
Text

1. The defendant shall deliver to the plaintiff B large 232 square meters in Osan-si.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the implementer of the Sinsan City Urban Planning Facility Project (hereinafter “instant project”). The Plaintiff is the implementer of the Sinsan City Urban Planning Facility Project (2-4 lines, 3-13 lines, 1-49 lines, 2-4 lines, 2-44 lines, 2-46 lines, 3-6 lines, 3-62 lines) and 22 square for traffic (hereinafter “instant project”). The Defendant was the owner of Sinsan City B large 232 square meters (hereinafter “instant land”).

B. The Plaintiff consulted with the Defendant on the compensation for the instant land, obstacles, etc. to carry out the instant project, but did not reach an agreement.

On June 27, 2016, the Plaintiff applied for the adjudication of expropriation of the instant land to the Gyeonggi-do Local Land Tribunal, and the Gyeonggi-do Local Land Tribunal rendered the adjudication of expropriation on the commencement date of expropriation on August 11, 2016 as KRW 208,698,00 ( KRW 184,846,000 for land compensation, and KRW 23,852,00 for obstacles) for compensation for the instant land, etc.

C. On August 11, 2016, the Plaintiff deposited KRW 208,698,000 in total as compensation for losses due to the expropriation ruling rendered by each Defendant as a depositor under the jurisdiction of the Suwon District Court No. 6587 of 2016 and the same court No. 6616 of 2016.

The Plaintiff completed the registration of ownership transfer of the instant land on August 29, 2016, on the ground of land expropriation under the said adjudication of expropriation.

E. As the Defendant continued to occupy the instant land while refusing to transfer it, the Plaintiff filed an application against the Defendant for a provisional disposition, such as the transfer of the instant land (U.S. District Court 2016Kahap10267), and received the instant land after receiving a decision of acceptance on December 2, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12 (including each number in the case of additional number), Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts found earlier, the Defendant is obligated to deliver the instant land to the Plaintiff, the owner of the instant land.

3. Conclusion Plaintiff’s Defendant

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