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(영문) 전주지방법원 2019.06.14 2018가단29858
건물인도
Text

The defendant shall deliver the building indicated in the attached Form to the plaintiff.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1 shall be provisionally executed.

Reasons

Facts of recognition

The Plaintiff is a project implementer who engages in a rearrangement project (redevelopment) in an improvement zone of 62,035 m2,035 m2,00,000 m2, 605 m2,00,000 m2, including the building indicated in the attached Form (hereinafter “instant building”) owned by the Defendant, and the Defendant currently occupies the instant building.

On December 5, 2017, the Jeonju Mayor approved the management and disposal plan concerning the instant rearrangement project of the Plaintiff and publicly announced it in the Official Gazette.

The Plaintiff agreed on the compensation for the instant building with the Defendant, but did not reach an agreement, filed an application for adjudication with the former Local Land Expropriation Committee. On January 31, 2019, the said Expropriation Committee rendered a ruling on the land compensation amounting to KRW 82,803,120, building compensation amounting to KRW 14,734,50, business loss compensation amounting to KRW 35,750,00, business loss compensation amounting to KRW 35,750,00, and the date of commencement of expropriation amounting to March 26, 2019.

(A) No. 5-1, 2, and 3). On March 21, 2019, the Plaintiff deposited KRW 133,287,620 in total to the Defendant as the Jeonju District Court No. 2019, Mar. 21, 2019.

(A) Accordingly, the Defendant is obligated to deliver the instant building to the Plaintiff pursuant to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(see Supreme Court Decision 2008Da91364, Jul. 28, 2011; Supreme Court Decision 2008Da91364, supra; Supreme Court Decision 2008Da91364, supra, does not suspend the progress of a project and the expropriation or use of land.

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