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(영문) 대전지방법원 서산지원 2018.01.16 2017가단52677
인도청구의 소
Text

1. The Defendants shall deliver to the Plaintiff each obstacles indicated in the C, Seosan-si, C, 171 square meters and the attached Table 1 list.

2...

Reasons

1. Facts of recognition;

A. On October 30, 2015, Seosan-si designated the Plaintiff as the project implementer for the creation of infrastructure for the F collective housing site in Seocho-si, Seosan-si (hereinafter “instant project”).

On May 20, 2016, Seosan-si changed part of the contents of the instant project to G, and added it to the land protocol to expropriate the CJ 171 square meters (hereinafter “instant land”) in Seosan-si.

B. The Defendants shared 1/2 shares of each of the instant land, and jointly possess the instant land and its ground obstacles while installing a fraternity on the ground of the instant land and raising chickens.

C. The Plaintiff, as the instant project implementer, agreed on compensation three times from November 18, 2016 to February 17, 2017 with the owners of the land subject to expropriation, but the agreement with the Defendants was reached.

On April 5, 2017, the Plaintiff filed an application for adjudication on the instant land, etc. with the Regional Land Expropriation Committee of Chungcheongnam-do (hereinafter “Local Land Expropriation Committee”).

On July 14, 2017, the Local Expropriation Committee accepted obstacles to the land of this case, including obstacles to the land of this case and the list of annexed sheet Nos. 1. The compensation for losses of 1/2 shares among the land of this case shall be 46,127,250 won, and the compensation for losses for the obstacles to the land of this case owned by the defendant A shall be 4,310,000 won, and the date of commencement of expropriation shall be 4,310,000 won (hereinafter referred to as the “instant adjudication”).

E. In accordance with the instant judgment on August 22, 2017, the Plaintiff deposited KRW 90,437,250 to Defendant A and KRW 46,127,250 to Defendant B, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion acquired ownership of the instant land and its ground on the commencement date of expropriation in accordance with the instant adjudication, and paid compensation for losses to the Defendants.

As to the judgment of this case, the Defendants.

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