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(영문) 창원지방법원 2020.01.16 2019가합54682
토지인도
Text

1. The defendant remove each item listed in the attached article list to the plaintiff, and deliver B large 750 square meters to the plaintiff in Kimhae-si.

2...

Reasons

1. Facts recognized;

A. The Plaintiff is a project implementer that carries out the instant business “C Corporation” (hereinafter “C Corporation”).

On July 7, 2014, the head of the Busan Regional Construction and Management Administration made a public announcement of the decision on the road zone of the project in this case (an alteration) under Article 24 of the Road Act, and on May 22, 2015, made a public announcement of the partial revision (an announcement E) to the Busan Regional Construction and Management Office.

B. The Defendant is an occupant of 750 square meters (hereinafter “instant land”) located in the instant business area, who is an owner of obstacles indicated in the attached Table list installed on the ground (hereinafter “instant obstacles”).

C. On December 29, 2015, the Plaintiff and the Defendant followed the procedure of consultation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) with respect to the instant obstacles, while paying purchase price of KRW 680,497,50 to the Defendant pursuant to Articles 16 and 17 of the Land Compensation Act, the Plaintiff acquired the instant land, and the Plaintiff paid the Defendant KRW 313,279,750 for the instant obstacles, and the Defendant completed consultations under Article 16 of the Land Compensation Act, which would transfer the instant obstacles.

(hereinafter “instant acquisition”) D.

On December 31, 2015, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff with respect to the instant land. On January 15, 2016, the Plaintiff paid the purchase price for the instant land and the compensation for the obstacles thereof to the Defendant.

E. As of the date of closing argument of the instant case, the Defendant owned the instant obstacles on the ground of the instant land, and occupied the instant land.

[Reasons for Recognition of Facts] Unsatisfy, entry in Gap evidence 1 through 8, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the land of this case was acquired through consultation in accordance with the Land Compensation Act.

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