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(영문) 서울서부지방법원 2020.11.13 2020가단285539

건물인도

Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

According to the evidence evidence Nos. 1 through 6, the defendant is obligated to deliver to the plaintiff the real estate stated in the separate sheet, since the facts in the separate sheet (Provided, That the defendant is obligated to deliver the real estate stated in the separate sheet to the plaintiff as stated in the separate sheet, as it is stated as the date of the public notice of the management and disposal plan of paragraph (2) of the cause of the claim.

The Defendant asserts that the result of appraisal according to the expropriation ruling is unreasonable because the adjudication on expropriation fails to conduct a legitimate appraisal, and thus, even if an objection or lawsuit against the adjudication on expropriation is filed, the validity of the progress of the project and the expropriation or use of the land by the adjudication cannot be affected (Article 88 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects). The same applies to cases where the amount of compensation increases later in the adjudication on expropriation (see Supreme Court Decision 2014Du43387, Mar. 30, 2017). The Defendant’s above assertion falls under those that do not affect the conclusion of the instant case.

Therefore, the defendant's above assertion cannot be accepted.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.