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(영문) 울산지방법원 2018.12.05 2018가합24352
건물명도(인도)
Text

1. The defendant points out of each real estate listed in the separate sheet Nos. 1 through 9, and 1, respectively, to the plaintiff.

Reasons

1. Basic facts

A. On December 27, 2016, the Plaintiff acquired the real estate listed in attached Table 1 List 1 Paragraph (1) from C for the Mixed Road Improvement Project (hereinafter “instant construction”), and completed the registration of ownership transfer on the following land. On October 31, 2017, the Plaintiff accepted the real estate listed in Attached Table 1 Paragraph (2) from D, and completed the registration of ownership transfer on the said land on November 6, 2017.

B. The Defendant, among each real estate listed in the separate sheet Nos. 1 through 9 and 1, possesses part (A) of 701 square meters in a ship connected to each point of the separate sheet No. 2, among the real estate listed in the separate sheet No. 1 (hereinafter “the part occupied in this case”), and owns each obstacle listed in the separate sheet No. 3 (hereinafter “each obstacle in this case”).

C. The Plaintiff, including the Defendant, deposited the amount of KRW 54,675,910 for the transfer of each of the obstacles of this case, as determined by the instant adjudication on October 31, 2017, against E and 68 owners of land and obstacles within the instant construction area, on which no agreement has been reached, and on September 7, 2017, the FSC (hereinafter “instant adjudication”). On October 31, 2017, the Plaintiff deposited the amount of KRW 52,492,40 for the director’s expenses 2,183,510 for the transfer of each of the obstacles of this case as determined by the instant adjudication (i.e., the value of the obstacles of this case) as deposited by the Defendant as the principal.

(Reasons for Recognition) The fact that there is no dispute over the Ulsan District Court No. 4902. [Ground for Recognition], the fact that there is a significant fact in this court, each entry in Gap evidence No. 1 through 3 (including the provisional number), the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff asserted that the defendant completed the compensation procedure for damages for each obstacles of this case at the price of the goods substituted for the compensation for relocation pursuant to Article 75 (1) 1 or 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. Thus, the defendant is entitled to withdraw from the part occupied of this case and each obstacles described in the attached Table 1 to 6 of the attached Table 3 on the land, and transfer or removal of each obstacles of this case.

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