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(영문) 수원지방법원안산지원 2016.08.18 2015가합20879 (1)
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that is established based on the Korea Land and Housing Corporation, and is an implementer of the B Bogeumjari Housing Zone development project (hereinafter “instant project”).

The Plaintiff obtained approval from the Minister of Construction and Transportation pursuant to Article 8(1) of the former Housing Site Development Promotion Act (amended by Act No. 8384, Apr. 20, 2007) for the implementation of the instant project, and this was publicly notified as C of the Ministry of Construction and Transportation on January 18, 2007, and thereafter, the instant project was converted to E public housing projects on December 30, 2009 pursuant to Articles 12 and 17 of the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 10599, Apr. 14, 201). The said project was publicly notified as D of the Ministry of Land, Infrastructure and Transport on December 30, 2009, and was converted to E public housing projects under Articles 12 and 17 of the former Special Act on the Construction of Public Housing (amended by Act No. 13498, Aug. 28, 2015).

B. On June 28, 2005, the Defendant’s land within the instant project implementation zone, “Real Estate List” 1. through “Real Estate List.”

3. A list of real estate in annexed Form by acquiring the ownership of the stated land.

4. In addition to the above land and buildings, a new building (hereinafter collectively referred to as “the instant real estate”) is constructed, and the facilities indicated in the attached list of “the list of the buried property” are installed, a gas station is operated and the instant real estate is occupied.

C. On March 31, 2010, the Plaintiff completed the registration of transfer of ownership based on expropriation on March 9, 2010, and deposited KRW 3,39,870,860,00 in total of compensation for expropriation of obstacles, etc. as indicated in the “List of the Real Estate and the Attachment to the Land” with the Defendant as the principal deposit from July 31, 2014 to November 30, 2015 according to the adjudication on March 9, 2010.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination:

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