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(영문) 대전지방법원 2018.08.09 2017가단227551

건물명도(인도)

Text

1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

Reasons

1. In addition to the facts of the Plaintiff’s assertion, such as the statement in the grounds of the claim in the separate sheet, the Plaintiff’s deposit of each expropriation compensation with the Defendants on May 21, 2018, which is the date of expropriation, pursuant to the adjudication of expropriation by the Daejeon Metropolitan City Land Tribunal on March 28, 2018, may not be disputed between the parties, or may be recognized by taking into account the respective entries in the evidence Nos. 1-9 (including the serial number) and the whole purport of

Therefore, the Defendants are obligated to deliver the real estate stated in the text to the Plaintiff.

(2) On the other hand, the defendants asserted that the plaintiff's claim as to the plaintiff's assertion against the defendants is final and conclusive by dividing it into the withdrawal of the lawsuit or the recommendation of reconciliation. The defendants asserted that the procedure of the objection or the administrative litigation for the increase of compensation should be completed. In this case, the judgment should not be made for the appraisal to be made in the objection or the administrative litigation.

The Defendants’ assertion may not suspend the validity of acceptance even if there is an objection or administrative litigation against the ruling of acceptance, even though it has a long-standing understanding of the Defendants from the standpoint of the Defendants who have lost their base of life. However, once the acceptance has become effective, the validity of acceptance cannot be suspended.

(Article 88 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects) is difficult to serve as a legal defense to block the Plaintiff’s claim of this case in accordance with the purport of the relevant provision.

In addition, although Defendant B is not a defense stated on the date for pleading, but is dissatisfied with the decision of recommending reconciliation by this court, he cannot comply with the Plaintiff’s claim before the settlement funds are paid under Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. However, the purpose of recognition is to implement the project.