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(영문) 대구지방법원 김천지원 2018.10.18 2018가단32636
토지인도
Text

1. The defendant shall be the plaintiff.

(a)the removal and removal of articles listed in Appendix 1 List; and

(b)each entry in the separate sheet 2.

Reasons

1. Basic facts

A. The Plaintiff, while implementing the project for B construction project (Public Notice C of the Busan Regional Land Management Office), accepted the land of the Gu and Si Do Do Da and E under the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Public Works Act”), and each real estate listed in the separate sheet 2 attached to the Defendant’s ownership (hereinafter “each land of this case”) was also included in the land subject to expropriation.

B. The Defendant had built wells on each of the instant land and brought a lawsuit, and all of the trees were growing. However, the list of facilities, trees, etc. installed on each of the instant land is as shown in the attached Table 1.

(hereinafter referred to as the "facilities, etc. of this case")

On November 20, 2014, the Central Land Tribunal rendered a ruling of expropriation on December 22, 2014, on which the date of expropriation was set as December 20, 2014. On December 19, 2014, the Plaintiff deposited the compensation for expropriation of each of the instant land, etc. with the Defendant as a depositee on December 19, 2014.

On March 26, 2015, the Central Land Tribunal made an objection against the ruling of expropriation, and the Plaintiff deposited the increased compensation with the Defendant as the depositee.

E. On January 27, 2015, the Plaintiff completed the registration of ownership transfer based on land expropriation on December 22, 2014 with respect to each of the instant land.

F. The Plaintiff requested the Defendant to relocate the instant facilities, etc. three times from November 7, 2017 to January 16, 2018, but the Defendant, without complying therewith, occupies each of the instant land as of the date of closing argument.

[Evidence] Facts without dispute, entry of Gap evidence 1 to 11, the purport of the whole pleadings

2. Determination

A. According to Articles 40, 42(1), and 45(1) of the Act on Public Works Projects for the Determination of Claims for Collection, Removal, and Delivery, a project operator is adjudicated to expropriate the land.

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