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(영문) 수원지방법원안산지원 2015.04.17 2014가단108935
건물인도 등
Text

1. The Plaintiff:

A. Defendant A shall indicate 3, 10, 11, 12, 13, 14, among the lands listed in Appendix 1 List 1.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a project implementer of the F Expressway (F Expressway) construction project, which is a road planning facility project district of the E Institute in Gwangju-si, was officially announced on Nov. 13, 2008, G on Nov. 13, 2008, HH on Nov. 28, 2008, and I on Apr. 2, 2009.

B. The Defendants currently occupy each of the relevant parts of the buildings indicated in the order of Paragraph (1) within the relevant project implementation zone.

C. On November 20, 2009, the Plaintiff entered into a contract with Defendant B on the housing indicated in Article 1-b of the Disposition No. 1 of the above Defendant’s ownership with the effect that “the Plaintiff shall receive compensation, and at the same time transfer or remove it within 30 days from the date of payment.” The Plaintiff paid the pertinent compensation to Defendant B.

The Plaintiff filed an application for adjudication with the Central Land Expropriation Committee against Defendant A, C, and D, which did not reach an agreement on compensation. On August 27, 2010, the Central Land Expropriation Committee set the date of commencement of expropriation on October 20, 2010 with respect to each of the pertinent buildings listed in paragraph (1) of the said Defendants’ order, and rendered a ruling of expropriation. On October 14, 2010, the Plaintiff deposited the aforementioned Defendants with the Suwon District Court’s support for expropriation respectively.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6, and 7 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, with respect to claims against Defendant A, C, and D, a project operator shall acquire ownership of land or goods on the commencement date of expropriation determined by the competent Land Tribunal by adjudication (Article 45(1)), and pay or deposit the compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2) and once once the expropriation has become effective, an objection or administrative litigation against the adjudication of expropriation has been filed.

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