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(영문) 대전지방법원 2018.06.27 2017가단25083
토지인도 등
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a project implementer that performs an urban development project under the Urban Development Act (hereinafter “instant project”) with respect to the area of 148,973 square meters of land located in Seo-gu Daejeon District B, Daejeon. The Defendant is holding as the owner of each of the land and buildings indicated in the attached land located in the instant project area (hereinafter “each of the instant real estate”), and where only each of the instant land is referred to as “each of the instant land” and only the building is referred to as “each of the instant land.”

B. The progress of various announcements related to the instant business is as follows.

- Public notice of urban development plans (revision) [Public notice of urban development plans (Public notice C, 2015 July 10, 2015), public notice of authorization for urban development plans (revision of the Daejeon Metropolitan City) and implementation plans (Public notice D, June 30, 2016), public notice of authorization for urban development plans (approval E, January 25, 2017), and public notice of authorization for implementation plans (public notice of the Daejeon Metropolitan City Dae-gu, Daejeon Metropolitan City, Public notice of the change), and public notice of authorization for urban development plans (approval) and implementation plans (F, April 7, 2017, the Daejeon Metropolitan City public notice of the change), respectively)]

C. The Plaintiff filed an application with the Defendant for adjudication on expropriation of each of the instant real estate with the Daejeon Metropolitan City Land Expropriation Committee, which did not reach an agreement on the expropriation of each of the instant real estate. On July 20, 2017, the Daejeon Metropolitan City Land Expropriation Committee rendered an adjudication on expropriation (hereinafter “instant adjudication on expropriation”) with respect to each of the instant real estate, etc. on July 20, 2017, stating that “A project operator shall expropriate the land listed in the separate sheet No. 1 for the said project, have it transferred goods listed in the separate sheet No. 2, and the compensation for losses shall be KRW 5,078,663,160.” The commencement date of expropriation shall be September 8, 2017.

On September 6, 2017, the Plaintiff deposited KRW 1,682,987,720, totaling compensation for each of the instant real estate, etc. (= KRW 882,113,850, including the building of KRW 800,873,870, etc.) with the Defendant as the principal deposit upon the instant ruling of expropriation.

【Legal basis for recognition】

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