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(영문) 광주지방법원장흥지원 2019.07.03 2019가단5278
토지인도
Text

1. The defendant shall attach attached Form 2 to the plaintiff each real estate listed in the list of real estate in attached Table 1 and attached Form 2 in Gangnam-gun B and C.

Reasons

1. Facts of recognition;

A. The Plaintiff is an implementer who was approved by the Minister of Construction and Transportation on November 1, 2005 (hereinafter “instant implementation project”) of a D project implementation plan with the aim of promoting the convenience of the people and contributing to the sound development of the national economy by efficiently implementing the construction and management of railroad facilities and other projects related thereto, as the Corporation established under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act.

B. On August 2, 2017, the instant implementation project was announced as of August 2, 2017. Some of E-JG G (i.e., the division) and part of E’s ownership I, B (C after division), and J (K after division) were incorporated into the implementation project of the instant case.

C. The Defendant occupied each real estate incorporated as above (hereinafter “instant land”), and owned each vinyl house as stated in Paragraph (1) of the Disposition No. B (after division) located in the order No. B (B and C before division (hereinafter “instant obstacles”) before the division, and operated a ridge between the parties.

On February 1, 2017, the Plaintiff acquired an agreement from E, a landowner of H.

E. On February 8, 2018, the Plaintiff filed an application with a Land Tribunal for a ruling of expropriation, as the Plaintiff did not consult on the instant obstacles with C, I, K, and the instant obstacles. The Land Tribunal rendered a ruling of expropriation on February 8, 2018.

(F) On March 28, 2018, on March 24, 2018, the Plaintiff deposited the Defendant as a depositee and deposited the compensation in accordance with the said adjudication of expropriation under the Bank No. 172, 2018. As to the instant land, the Plaintiff completed the registration of ownership transfer in the Plaintiff’s name on the ground of land expropriation on May 3, 2018.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the former Railroad Construction Act on March 13, 2018.

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