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(영문) 의정부지방법원고양지원 2015.01.08 2014가단60432
토지인도
Text

1. The defendant shall be the plaintiff.

(a) order the buildings listed in Annex A list (2);

B. List of Attached Articles (1).

Reasons

1. Facts of recognition;

A. The Plaintiff is the executor of the project to create the Bogeumjari Housing District, which is implemented in the Soyang-gu Seoul Metropolitan City B, and acquired each land listed in the attached Table No. 1 (1) on January 19, 2010 (hereinafter “instant land”) from D as the owner at the time of acquisition of the land, and completed each registration of ownership transfer on January 20, 2010.

B. On April 26, 2010, the Plaintiff removed or relocated the instant building from the owner D with respect to the instant building indicated in the [Attachment List of Goods (2] on the instant land (hereinafter “instant building”), and agreed to pay compensation in return, and thereafter, paid compensation around that time.

C. When the Defendant leased the instant building from D to run a domestic industry, and when D, a lessor, received compensation as above for the instant building, the issue of the refund of deposit was settled with D and the Plaintiff did not raise any objection. D.

On November 16, 2012, the Plaintiff was sentenced to expropriation of goods before the goods, and deposited compensation for losses, although the Defendant did not consult on compensation for the goods used for business within the instant building.

E. Even after having received the adjudication of expropriation on the object, the Defendant occupied the building of this case and possessed the land of this case, which is its site.

In around 2010, the officially announced land value of the instant land is 345,810,000 won (185 square meters x 1,530,000 square meters x 120 square meters x 523,000 won), and thereafter, the officially announced land value has increased.

[Reasons for Recognition] Each entry of Gap 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is the owner of the land in this case, and the building in this case and the defendant are the owner of the building in this case.

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