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(영문) 울산지방법원 2019.01.08 2018가단65240
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. In around 2011, the Plaintiff, while implementing the project for the public housing zone development project [B] (Public housing zone development project C public housing zone development project) in Ulsan-gu B (Ulsan Metropolitan City public housing zone announcement C), accepted the land of the relevant unit under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). The real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) was also included in the land subject to expropriation.

B. On November 9, 2017, the Central Land Tribunal rendered a ruling of expropriation on the commencement date of expropriation on January 2, 2018. On December 13, 2017, the Plaintiff deposited the compensation for expropriation of the instant real estate with the Defendant as a depositee on December 13, 2017.

C. On September 20, 2018, the Defendant filed an objection against the ruling of acceptance, and the Central Land Tribunal rendered a ruling to dismiss the Defendant’s objection.

The Plaintiff completed the registration of ownership transfer on April 3, 2018 on the instant real estate on the ground of expropriation on January 2, 2018, and requested the Defendant to transfer the instant real estate over several occasions. However, the Defendant did not comply therewith and possessed the instant real estate as of the date of closing argument.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1-6, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Articles 40, 42(1), and 45(1) of the Public Works Act, where a project operator deposits compensation determined by the expropriation ruling by the date of commencement of expropriation after having received a ruling of expropriation of land, he/she shall acquire the ownership of land at the commencement date of expropriation. According to Article 43 of the Public Works Act, landowners and persons concerned, and other persons who are not landowners or persons concerned, and have the right to the land to be expropriated or used or persons who are not included in landowners or persons concerned,

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