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(영문) 서울고등법원 2017.05.24 2017나2010266
부동산 인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Attached Form 2. Of the judgment of the first instance court.

Reasons

1. The reasons for this Court concerning this case are as follows: ① “Plaintiff A Co., Ltd.” is as follows; ② each “Plaintiff A” is as “Co-Plaintiff A”; ② is as follows: “Plaintiff A” is as “Co-Plaintiff A; ③ Plaintiff Korea Asset Trust Co., Ltd., Ltd. and Plaintiff Korea Asset Trust Co., Ltd., Ltd.; ④ 4. 16 to 18 of the first instance judgment.” 5. 5. 4 to 10 of the first instance judgment is as indicated in the reasons for the first instance judgment, except for the following cases:

B. In addition, the Defendants asserted that, since the ruling on the instant trees is a transfer ruling, the ownership of the instant trees is still owned by the Defendants, and there is a defect that is the grounds for invalidation or revocation in the transfer ruling on the instant trees. Thus, the Defendants asserted that, until a lawful transfer ruling is issued, the land of the instant trees has legal superficies or similar rights under customary law for the possession of the instant trees.

However, Article 45 (1) of the Land Compensation Act provides that "any project operator shall acquire ownership of land or goods on the commencement date of expropriation, and other rights to such land or goods shall be terminated at the same time."

In addition, where a project operator compensates for obstacles that obstruct the implementation of a project at the price of the goods pursuant to the proviso of Article 75 (1) 1 of the same Act, the project operator shall not be deemed to acquire ownership of the goods only by compensation unless he/she takes the procedure of expropriation, unlike subparagraph 3, unless he/she acquires the relevant goods. On the other hand, the project operator intends to cut down trees for the purpose of disposing of trees pursuant to the proviso of Article 37 (5) of the Enforcement Rule of the Land Compensation Act within a reasonable period that does not interfere with the implementation of the project.

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