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(영문) 수원지방법원평택지원 2019.08.23 2018가단62209
퇴거청구
Text

1. The defendant shall not interfere with the removal of obstacles to the entries in the attached list 1 by the plaintiff.

2...

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of an urban development project for the area of 191,610 square meters in Pyeongtaek-si C, Ilwon (hereinafter “instant urban development project”). The Plaintiff is the implementer of the instant urban development project. The Defendant is the owner of the land in the instant urban development project, the land in question, which is the land in the instant urban development project, and the owner of the obstacles in the attached Table 1 on the ground (hereinafter “instant obstacles”), and the owner of the land in question, which is the land in the instant urban development project.

B. On February 11, 2010, the Governor of the Gyeonggi-do publicly announced the designation of an urban development zone and the formulation of a development plan for the instant urban development project. The Plaintiff obtained an authorization to establish the association from the head of Pyeongtaek-si on June 2, 201, and was designated as the project implementer on June 30, 201.

On September 14, 2011 and June 5, 2012, the head of Pyeongtaek-si announced the establishment of the development plan for the instant urban development project, and the Gyeonggi-do Governor announced the approval of the implementation plan and topographic drawings of the instant urban development project on February 28, 2014, and the head of Pyeongtaek-si announced the amendment of the development plan and the amendment of the implementation plan on October 5, 2015.

On November 2, 2015, the head of Pyeongtaek-si approved a land substitution plan for the instant urban development project. On November 17, 2015, the Plaintiff publicly announced and announced the land substitution plan for the instant urban development project on November 17, 2015, and according to the aforementioned land substitution plan protocol, the instant land is subject to the settlement of money.

On the other hand, on May 21, 2019, the head of Pyeongtaek-si permitted the relocation and removal of obstacles, etc. according to the implementation of the instant urban development project on the obstacles in the instant case owned by the Defendant.

C. On April 21, 2019, the Plaintiff was adjudicated by the local Land Tribunal of Gyeonggi-do for the owner of obstacles, etc. in the pertinent project zone where no agreement is reached. According to the above adjudication, 36,065,800 won of compensation for the obstacles in this case.

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