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1. The Plaintiff:
A. The defendant A may interfere with paragraph 2 of the [Attachment A] list No. 1;
B. Defendant B shall set forth in Appendix 1 list.
Reasons
1. Facts of recognition;
A. On September 25, 2017, the Plaintiff filed an application for expropriation ruling with F and the Defendants, the lessee, who were the owners at the time, on each of the obstacles listed in the separate sheet No. 1 (hereinafter “in the instant obstacles”) with the project implementer of the city planning facility (road: D and E) construction project, the wife population C as the project area (hereinafter “instant project”). On September 25, 2017, the Plaintiff received the expropriation ruling on the instant obstacles, etc. from the Gyeonggi-do Regional Land Tribunal for expropriation (hereinafter “instant expropriation ruling”).
B. On November 1, 2017, the Plaintiff deposited each of the compensation according to the instant adjudication of acceptance with the said F and the Defendants, etc. as the principal deposit.
C. Defendant A occupied and used the obstacles described in attached Table 1 List 2, and Defendant B occupied and used the obstacles described in attached Table 1 List 1.
[Ground of recognition] Facts without dispute, Gap evidence 11, Gap evidence 12-2, Eul evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Plaintiff, a project implementer, acquired the ownership of the obstacles in this case on the starting date of expropriation ( November 9, 2017) determined by the Gyeonggi-do Local Land Tribunal by its adjudication, and at the same time, the rights to lease the obstacles of the Defendants are extinguished (Article 45 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects), and the Defendants shall deliver
(Article 43 of the same Act). Accordingly, Defendant A is obligated to deliver to the Plaintiff the obstacles described in attached Table 1 List 2, and Defendant B is obligated to hand over the obstacles described in attached Table 1 List 1.
3. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.