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(영문) 수원지방법원성남지원 2016.08.19 2016가단203413
건물명도
Text

1. The defendant shall each interfere with the plaintiff in the attached Form 2 list established on the land listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. On May 26, 2010, the Minister of Land, Transport and Maritime Affairs, pursuant to Article 6(1) of the Act on Special Cases concerning the Construction of Bogeumjari Housing, Etc., designated the Plaintiff as a Co-Housing District (hereinafter “instant project district”) with the size of 1,708,000 square meters, respectively, as the implementer of the C Bogeumjari Housing Project (hereinafter “instant project”) pursuant to Article 4 of the same Act, and announced it (Public Notice D of the Ministry of Land, Transport and Maritime Affairs).

B. After that, the instant project district was converted into a public housing zone on October 14, 2014 pursuant to Article 12(1) of the Special Act on the Construction of Public Housing, Etc.

(Public Notice of Ministry of Land, Infrastructure and Transport E)

On December 26, 2013, the Plaintiff acquired land indicated in the F and G-owned Attached Table 1 (hereinafter “instant land”) located in the instant project district on December 26, 2013, and completed the registration of ownership transfer on December 31, 201.

On the other hand, the Plaintiff established each obstacles listed in the separate sheet No. 2 (hereinafter “each obstacles of this case”) on the land of this case, and tried to consult about the migration and compensation with the Defendant who occupies them. However, the Plaintiff was subject to the adjudication of expropriation of each obstacles of this case by the Central Land Expropriation Committee (hereinafter “the adjudication of expropriation of this case”). At that time, the Plaintiff deposited KRW 35,571,000 for the Defendant.

E. The defendant continues to possess each of the obstacles of this case despite the plaintiff's continuous demand for voluntary withdrawal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the defendant continued to possess each of the obstacles of this case without legitimate authority, thereby hindering the exercise of the plaintiff's ownership on each of the obstacles of this case. Thus, the defendant is obligated to deliver the obstacles of this case to the plaintiff.

As to this, the defendant is the plaintiff.

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