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(영문) 인천지방법원부천지원 2014.02.19 2013가합4639
부동산 인도
Text

1. The Plaintiff, Defendant B, each of the real estate listed in the separate sheet No. 1, Defendant C, D, E, F, and G are listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of implementing an urban development project of a district A (hereinafter “instant urban development project”) in order to create a residential complex for Kimpo-si L workers according to the replotting method under the Urban Development Act. The remaining Defendants except Defendant I own each of the real estate listed in the separate sheet Nos. 1 through No. 5 (hereinafter “instant land”) and possess each of the instant real estate listed in the separate sheet No. 1 through No. 5 within the instant urban development project zone (hereinafter “instant land”). The land owner of the instant land owns each of the obstacles on the ground of the instant land in the separate sheet No. 1 through No. 5 (hereinafter “instant obstacles”). The M, the owner of the real estate listed in the separate sheet No. 2, died on December 1, 201 and succeeded by Defendant C, D, E,F, and G). The Defendants leased and possess the obstacles listed in the separate sheet No. 7 of the instant obstacles.

B. The Plaintiff obtained authorization of an implementation plan on August 26, 2010 for the instant urban development project, and obtained authorization of a replotting plan on July 5, 2012. On September 5, 2012, the Plaintiff completed the designation and public notice of a planned land substitution (hereinafter “the instant planned land substitution”) and agreed with the Defendants on compensation for the transfer or removal of the instant obstacles, but filed an application for adjudication of compensation with the Gyeonggi-do Regional Land Tribunal, which did not reach an agreement.

Accordingly, on April 15, 2013, the Gyeonggi-do Regional Land Tribunal rendered a judgment of compensation for losses on June 17, 2013 with respect to obstacles that need to be relocated or removed within the urban development project zone of this case, including the obstacles in this case, and on the compensation for losses on June 14, 2013, the expropriation date of which was 3,040,895,020, and the expropriation date of June 17, 2013. According to the above judgment, the Plaintiff made the deposit of Defendant B as Defendant B on May 14, 2013 and deposited KRW 41,803,750,00 as 1601,00,000,0000 won as 16,939,600, and Defendant H Co., Ltd. (hereinafter “Defendant H”).

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