logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.08.11 2017가단51473
토지인도
Text

1. The defendant connects each point of the annexed drawings Nos. 1, 2, 3, 4, and 1 among the real estate listed in the annexed list.

Reasons

1. Basic facts

A. The Plaintiff is the implementer of the “B Expansion Corporation (Class 1 2) project” (hereinafter “instant project”). The Defendant is a person who leased and operated the “C” a prefabricated Building (hereinafter “instant building”) constructed on the ground of 100 square meters in the section 1, 2, 3, 4, and 1 attached drawings among the real estate listed in the attached list to be incorporated in the instant project in the attached list to be incorporated in the instant project.

B. The owner of the real estate listed in the separate sheet was D, but the Plaintiff acquired ownership of the said real estate upon consultation with D on the acquisition of public land on June 5, 2015.

C. On August 25, 2016, the Central Land Tribunal rendered a ruling to expropriate the instant building and other obstacles owned by the Defendant in addition to setting compensation at KRW 700,000,000 for one steel scraper owned by the Defendant in Ulsan-gun E., and the Plaintiff deposited compensation under the said ruling to expropriate.

On the other hand, the defendant did not take the procedure of remedy such as filing an administrative litigation against the above acceptance ruling.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, 2-1, 3-3, 5-3, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a)A person who intends to construct a building on the land for which an execution plan of an urban planning facility project has been publicly announced is already aware of the fact that an urban planning project is to be implemented in the future, such as removal of the constructed building, etc., so that it may decide whether to construct a building by balancing economic feasibility and other benefits and losses arising from the temporary use and restitution of the building. If a building is constructed with knowledge of such fact, he is to bear the burden of restoration, so that he is to implement an urban planning project

arrow