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(영문) 수원지방법원평택지원 2017.06.20 2016가단46074
퇴거청구
Text

1. The Defendant shall leave the Plaintiff from the obstacles or building in the attached list.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established for the purpose of implementing an urban development project A to create a residential complex in Pyeongtaek-si C, according to the replotting method under the Urban Development Act (hereinafter “instant urban development project”).

B. The Defendant is a person who owns and occupies the real estate listed in the separate sheet in the instant urban development project zone (hereinafter “instant real estate”).

C. The Plaintiff obtained authorization of an implementation plan from the Gyeonggi-do Governor on September 30, 2009 for the instant urban development project, and obtained authorization of the implementation plan on December 21, 2015, and obtained authorization of a land substitution plan from the head of Pyeongtaek-si on April 15, 2016. On April 18, 2016, the Plaintiff completed the designation and public announcement of land substitution for replotting for land within the instant urban development project zone, including the land on which the instant real estate is located.

The Plaintiff filed an application with the competent local Land Tribunal of Gyeonggi-do for the adjudication of compensation for losses, in order to hold a consultation on compensation for losses on the instant real estate, etc. with the Defendant, but the consultation did not take place. On December 26, 2016, the competent local Land Tribunal of Gyeonggi-do rendered the adjudication of compensation for losses on February 9, 2017 for the Defendant’s compensation for losses on December 26, 2016.

E. On February 9, 2017, the Plaintiff deposited the same on the ground that the Defendant refused to receive the compensation for losses.

F. On March 10, 2017, the head of Pyeongtaek-si permitted the Plaintiff to move and remove obstacles, the compensation for which was completed pursuant to Article 65 of the Urban Development Act, on condition that Article 38 of the Urban Development Act should be complied with.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings

2. Where deemed necessary under Article 38 (1) of the Urban Development Act, an implementer of an urban development project may relocate or remove buildings, etc. in an urban development zone, and as any person who occupies buildings, etc., such relocation or removal shall be hindered;

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