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(영문) 수원지방법원 2021.03.25 2020가단14419

건물명도

Text

The Defendant shall deliver to the Plaintiff the 54.09 square meters of the first floor among the real estate listed in the attached list. The costs of lawsuit are assessed against the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the implementer of the D Facility Modernization project, consulted on compensation for the size of 54.09 square meters on one story among the real estate listed in the attached Table owned by the Defendant (hereinafter “instant real estate”), but failed to reach an agreement, filed an application for adjudication with the Gyeonggi-do Local Land Expropriation Committee on April 22, 2019 (the date of commencement of expropriation June 6, 2019), and deposited 34,870,350 won, which was set as compensation for the Defendant, on May 31, 2019.

B. Since then, the plaintiff continuously requested the defendant to move to the defendant, but the defendant does not deliver the real estate of this case to the plaintiff.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 7 (including branch numbers), the purport of the whole pleadings

2. In cases of expropriation of land, etc. under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, a project operator shall compensate the landowner or person concerned for any loss incurred by the acquisition or use of the land, etc. required for the public works to determine the cause of the claim, and in cases of expropriation of land, etc. under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the project operator shall acquire the ownership of such land or goods at the commencement date determined by the adjudication on expropriation, extinguish other rights related to such land and goods at the same time, and pay or deposit the compensation adjudicated by the competent Land Expropriation Committee by the commencement date of expropriation, and in cases where the project operator fails to pay or deposit the compensation by the commencement

Even if the expropriation can not suspend its validity, the landowner and related persons, and other persons who do not include landowners or related persons, have the right to the land to be expropriated or used or things on such land, shall not suspend its validity until the commencement of expropriation or use.