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(영문) 춘천지방법원 강릉지원 2018.01.16 2017나30702
토지인도 등
Text

1. In accordance with the amendment of the purport of the claim by this court, the judgment of the first instance is modified as follows.

The defendant shall be the plaintiff.

Reasons

1. Judgment on the main defense of this case

A. The Defendant’s summary of the Defendant’s assertion is that the obstacles on the ground of B, B, 314 square meters (hereinafter “instant land”) in the Dong-gu, where the Plaintiff seeks to deliver the land, are not only the dogs of B, as shown in the attached Table 2 list, but also the obstacles that are distributed to other lot numbers are on the instant land.

This is unlawful as a claim contrary to the principle of disposal right under Article 203 of the Civil Procedure Act and the essential matters of a complaint under Article 249 (1) of the same Act.

B. Of the obstacles for which the Plaintiff seeks to deliver, whether there is an obstacle other than the opening of the house exists on the land of this case or whether the Plaintiff has the right to claim the delivery against the Defendant against the obstacles alleged in the claim is related to the legitimacy of the claim, and whether it is a matter to be determined on the merits of the claim, or is irrelevant to the principal matters of the complaint itself or the principle of disposition.

Therefore, the defendant's main defense is without merit.

2. Judgment on the merits

A. On July 24, 2014, the Plaintiff, as a project implementer of G development project, completed the registration of ownership transfer on the instant land on August 5, 2014 due to the acquisition of public land by consultation. 2) The Plaintiff filed an application for adjudication of expropriation with the Gangwon-do Regional Land Tribunal on each of the business rights of trees and C and D planted on the instant land, including the obstacles listed in the separate sheet No. 2 list. On July 29, 2016, the Plaintiff received each of the obstacles listed in No. 1 or No. 18 in the separate sheet No. 2 list No. 2 from the same Committee (hereinafter “each obstacles of this case”), and the above trees and business rights in the separate sheet Nos. 165,121,50, and No. 2 list No. 1,711,850 in total compensation.

3. On August 26, 2016, the Plaintiff made the Defendant as the principal deposit in the Chuncheon District Court's Gangnam Branch in 2016.

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