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(영문) 인천지방법원부천지원 2016.11.24 2016가단8192

건물인도

Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on July 24, 2009 by obtaining authorization for the establishment from the Bupyeong-gu Mayor to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the area of 16,142 square meters in Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul Metropolitan City as the business area. The Defendant was the owner of the real estate listed in the attached Table (hereinafter “instant real estate”) located within the area of the instant redevelopment project, and was ultimately a cash liquidation agent by failing to file an application for parcelling-out within the final period of application for parcelling-out.

B. On February 9, 2015, the Plaintiff: (a) obtained authorization to implement the instant redevelopment project on February 9, 2015; (b) obtained authorization to implement the relevant redevelopment project on December 30, 2015; and (c) publicly notified the authorization to implement the relevant redevelopment project on December 30, 2015; and (d) on December 30, 20

C. On April 20, 2016, the Plaintiff filed an application for a ruling of expropriation on April 20, 2016, and received a ruling of expropriation on October 13, 2016 from the Gyeonggi-do Regional Land Tribunal, which decided on October 13, 2016, on the commencement date of expropriation.

On September 27, 2016, the Plaintiff paid KRW 453,029,50 equivalent to the total amount of the compensation for confinement to the Defendant. The Defendant reserved an objection and received the said compensation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The Defendant asserts that the Plaintiff’s filing of the instant lawsuit constitutes an abuse of the right to file a lawsuit, which constitutes an abuse of the right to file a lawsuit, before a settlement agreement procedure or a ruling of acceptance is rendered.

However, according to the evidence submitted by the Plaintiff, it is recognized that the consultation on the amount of compensation has already been impossible prior to the filing of the instant lawsuit, and the procedure for payment of compensation for expropriation has already been implemented prior to the closing date of argument in the instant case, and thus

3. Determination as to the cause of the claim.