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(영문) 서울서부지방법원 2016.01.14 2015나35984

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the cited party of the judgment of the court of first instance states concerning the instant case are the same as the reasons stated in the part of the judgment of the court of first instance, except for addition of the following judgments, and thus, they are cited by the main sentence of Article 420

2. Additional determination

A. The defendant asserts that the defendant cannot respond to the plaintiff's claim because the objectivity of evaluation is not guaranteed, such as the amount of compensation determined by the adjudication of expropriation is too low.

B. Article 40(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) shall apply mutatis mutandis to the expropriation or use of ownership of land or buildings and other rights for implementing a rearrangement project in an improvement zone, except as otherwise provided for in this Act. The Land Compensation Act provides that land owners, persons concerned, and other persons who are not land owners or persons concerned and have rights to the land to be expropriated or used shall deliver or transfer the land or things to the project implementer by the commencement date of expropriation. If the project implementer fails to pay or deposit the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation, the adjudication on expropriation becomes void, but after the project implementer paid or deposited the compensation by the commencement date of expropriation, the validity of the adjudication on expropriation shall not be suspended by filing an objection or filing an administrative litigation against the adjudication on expropriation by the commencement date of expropriation. In full view of the above provisions, the landowner or person concerned, who has rights to the land to be expropriated or used, shall be deemed null and void by the commencement date of expropriation.