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(영문) 부산지방법원동부지원 2014.11.27 2014가단202181
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (Status of Defendant A) Defendant A is co-owner of the instant land and the representative director of Defendant B.

Defendant B, a non-registered building located on the ground of the instant land, is engaged in the manufacturing of automobile and industrial machinery parts in the instant factory building.

B. (Incorporation into Project of this case before Division) In accordance with Article 9(1) of the Railroad Construction Act, 2010 square meters among 322 square meters in Busan Metropolitan City, Busan Metropolitan City, and 384 square meters in Busan Metropolitan City, which are the land of this case before division, was incorporated into 207 square meters in the Donam-do, Busan Metropolitan City, which is the land of this case, and 68 square meters in the 384 square meters in Busan Metropolitan City.

C. (Division of the instant land and the instant adjudication) on June 8, 2009, 68 square meters among the land incorporated as above was divided into 384 square meters in Busan Shipping Daegu D, Busan, and 68 square meters (hereinafter “E land”), and the Plaintiff, a project executor, completed the registration of ownership transfer from co-owners of the said land, including the Defendant A through consultation procedure, but, on June 8, 2009, 207 square meters among the remaining incorporated land, 207 square meters in Busan Shipping Daegu, Busan, Busan, and 322 square meters (hereinafter “F land”) were divided into 207 square meters in Busan, Busan, and the Plaintiff and the Defendant (the Defendant A is the owner of F land with respect to 2475/4960 square meters among F land, and the Plaintiff did not reach an agreement on May 3, 2010 with the Central Land Expropriation Committee under the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 10685, Mar. 16, 20107, 20108).

(hereinafter “instant adjudication”) D.

(Determination of the obstacles among the adjudication of this case) while the adjudication of this case includes the determination of obstacles, the Central Land Expropriation Committee shall set up a building, office, fence, and other facilities to the defendant A, such as the details of compensation in attached Table 2 in the adjudication of this case.

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