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(영문) 울산지방법원 2016.02.16 2015가단13538
건물철거 등
Text

1. The defendant is located on the land of Ulsan-gu, Ulsan-gu, Seoul-do, 68 square meters on the plaintiff.

(a) an indication of the Map 14, 20, 19, 18, 16, 12.

Reasons

1. Basic facts

A. On March 10, 1993, the Plaintiff is a corporation established for the purpose of the land readjustment and rearrangement project for the purpose of enhancing the utility of the land located in Ulsan-gu, Ulsan-gu and for the installation of public facilities. 2) The Defendant is the owner of the land located in Ulsan-gu E-gu, Ulsan-gu and the 200 square meters of the land located in the same ground, and the land of the 2nd floor of the brick and the 68 square meters of the land located in the same ground.

(hereinafter referred to as the above land refers to only a lot of land, and the above house is referred to as the "Defendant's Housing". B

1) On February 11, 1993, the Plaintiff obtained the authorization of the Seoul Urban Planning Corporation A under Article 16 of the former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 200; hereinafter in this case, referred to as the “Land Partition Act”) with respect to the land of 173,372m2 square meters in Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City from the Mayor/Do governor on February 11, 1993 (hereinafter referred to as the “Land Partition Project in this case”).

(2) The instant land partition project period was set from February 1993 to January 30, 1996, but the said project period was extended two times thereafter to December 31, 2015.

3) In order to implement the land partition project of this case, the Plaintiff may own part of the Defendant’s housing extending over the land C and the Defendant’s trees planted on the land E (hereinafter “instant obstacles”).

As the removal of the instant building was required, from January 2006 to the filing of the instant lawsuit, the Defendant attempted to consult with the Defendant on several occasions with the guidance of compensation for losses. However, the Defendant did not comply with the said consultation. (4) On December 26, 201, the Plaintiff was required to endeavor to voluntarily remove and consult with the owner, and to provide sufficient prior guidance on compensation for losses, etc. in the event that the consultation is not made, on the condition that the Plaintiff must notify the owner two months prior to the relocation of the residential building, on the condition that the removal of the instant obstacles was permitted.

5. The plaintiff entrusts two appraisal corporations.

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