logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2016.02.03 2015가단20896
토지인도
Text

1. The Plaintiff:

A. Defendant A is each indicated in the attached Form No. 1, 2, 3, 4, 5, and 1 among the 3289 square meters of forest E in Ansan-si.

Reasons

1. Basic facts

A. The Plaintiff: (a) designated and publicly notified a district to be developed by J under Article 6 of the Special Act on the Construction and Support of Urban Areas for the Relocation of Do Offices; (b) calculated the amount of compensation through appraisal of the land to be developed in the said project; and (c) consulted with the landowner in order to acquire the land and relocate obstacles on the ground; and (d) decided on the application for adjudication with the Gyeong-do Regional Land Expropriation Committee because the agreement was not reached with some owners, including the Defendants.

B. On January 15, 2014, the Gyeong-do Regional Land Tribunal decided to compensate Defendant A for tombstones including each grave set forth in paragraph (1) of the order No. 1, 56,480,000, and compensation for damages for the graves set forth in paragraph (2) of the order No. 1,970,000, and compensation for the damages for the graves set forth in paragraph (1) of the order No. 1, 210,000, and compensation for the damages for the graves set forth in paragraph (3) of the order No. 1,40,000 for each grave set forth in paragraph (1) of the order No. 1. Defendant D shall be KRW 5,940,000 for each grave set forth in the order No. 1, and the date of expropriation shall be March 6, 2014.

C. Upon the Defendants’ refusal to receive the aforementioned compensation, the Plaintiff deposited KRW 56,480,000 for the Defendant as the deposited person A on February 27, 2014 (Seoul District Court Decision 2015Na104, Jun. 27, 2014) as well as Defendant B, C, and D.

[Ground of recognition] Facts without dispute, Gap evidence 7-1, 2, 9-1 through 4, and 13, the purport of the whole pleadings

2. Determination

A. According to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, 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 on expropriation (Article 45(1) of the above Act). In order to acquire ownership, the project operator shall pay compensation adjudicated by the competent Land Tribunal by the commencement date

arrow