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(영문) 대전지방법원천안지원 2014.06.27 2014가합100675
토지인도
Text

1. The defendant collected the items listed in paragraph (2) of the attached Table 1 from the plaintiff and entered in paragraph (1) of the same list.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a project executor of arterial facilities in the development project area of the Housing Site B (hereinafter “instant project”), acquired through consultation the land listed in attached Table 1, the land listed in attached Table 1, the land listed in attached Table 2, the land listed in attached Table 1, and the land listed in paragraph (1) of the attached Table 3, and the land listed in attached Table 3, the attached Table 1 (hereinafter “instant land”) for the instant project, and completed the registration of ownership transfer for the instant land on December 21, 2012.

B. B Before the Plaintiff acquired the instant land through consultation, there were items listed in Paragraph (2) of the Attached Table 1, items listed in Paragraph (2) of the Attached Table 2, items listed in Paragraph (2) of the Attached Table 3, and items listed in Paragraph (2) of the Attached Table 3, which are owned by the Defendant (hereinafter “instant items”). However, on December 26, 2013, the Plaintiff deposited KRW 491,265,000 under the name of compensation for expropriation of the instant obstacles as the deposit amount with the Daejeon District Court Decision 2013, Dec. 26, 2013, the Plaintiff deposited the Defendant as the deposit amount of KRW 3136 on December 21, 2013.

C. The Defendant has occupied the instant land without transferring the instant obstacles up to now.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, and 4 (including branch numbers), the purport of the whole pleadings

2. According to the facts of recognition as to the claim for land delivery, etc., unless the defendant proves that the defendant has the possessory right to the land of this case, the defendant occupied the land of this case without transferring the obstacles of this case, thereby hindering the exercise of the plaintiff's right to the land of this case. Thus, the defendant is obligated to collect the obstacles of this case and deliver the land of this case to the plaintiff

In this regard, the defendant has the remaining buildings, such as plastic houses, etc. over the land in this case and the neighboring land outside of the project site.

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