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(영문) 창원지방법원 2017.11.30 2016가합52494
토지인도
Text

1. The Plaintiff’s claim against the Defendant (Appointed Party) and the Defendants for the removal of trees and obstacles in the instant lawsuit.

Reasons

1. Basic facts

A. 1) The Plaintiff, a corporation established based on the Korea Land and Housing Corporation, is a corporation that created the instant project, the project implementation district of which consists of 473,857m2 in Changwon-si, Changwon-si, Yongsan-gu, Seoul Special Metropolitan City (hereinafter “instant project”).

(2) On December 23, 2005, the Minister of Construction and Transportation approved the implementation of the project in this case pursuant to Article 5 of the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 8660 of Oct. 17, 2007), designated the Plaintiff as the project implementer of the project in this case and announced it as I public notice of the Ministry of Construction and Transportation. On January 4, 2007, the Minister revised the implementation of the project in this case to change the project size, and announced it as J public notice of the Ministry of Construction and Transportation.

3) Since then, pursuant to Articles 12 and 17 of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 12251, Jan. 14, 201; hereinafter “Special Act on the Construction of Public Housing, etc.”), the instant project was converted into K-ro Housing District development project publicly notified by the Ministry of Land, Transport and Maritime Affairs on December 16, 201. Pursuant to Article 17 of the former Special Act on the Construction of Public Housing, etc. (amended by Act No. 13498, Aug. 28, 2015; b) the instant project was converted into a public housing zone development project on August 18, 2015. The Plaintiff’s acquisition of ownership of each of the instant real estate in the instant case is located within the project implementation area of the instant project, each of the real estate listed in attached Table 1 (hereinafter “each of the instant real estate”). The Defendants installed the relevant real estate and owned the relevant trees or other obstacles therein.

(However, Defendant A, E, and F owned each of the pertinent real estate, and the other Defendants owned each of the pertinent real estate). List 1.3 of the attached Table 1, including Defendant A, etc., on which the Defendants owned trees or obstacles.

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