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(영문) 인천지방법원 2019.04.16 2018가단263815
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the annexed real estate list attached to the plaintiff.

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

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 9 (including evidence numbered), the facts constituting the grounds for the claim, and the fact that the plaintiff deposited the compensation for the plaintiff as determined by the expropriation ruling of the local Land Tribunal of Incheon Metropolitan City on September 18, 2018, respectively.

B. According to the above facts, pursuant to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant is obligated to deliver each real estate listed in the attached Table 1 list to the plaintiff (hereinafter “each real estate of this case”).

2. Judgment on the defendant's assertion

A. The summary of the assertion 1) The Defendant cannot respond to the Plaintiff’s claim in the instant case (hereinafter “instant Claim”) on the grounds that: (a) the Plaintiff and 21 other parties among the fraternitys filed a lawsuit seeking revocation of the adjudication of expropriation as of September 18, 2018; and (b) there is a reasonable possibility that the adjudication of expropriation may be revoked due to the mistake in the disposition of expropriation; and (c)

(2) The Defendant did not receive settlement funds, housing relocation expenses, and director expenses (hereinafter “resident relocation expenses, etc.”) from the Plaintiff. Since the aforementioned housing relocation expenses, etc. are all compensated for losses, the Defendant may refuse to deliver each of the instant real estate until the Plaintiff completes such compensation.

Therefore, the plaintiff's claim of this case must be dismissed.

(hereinafter referred to as the “section 2”). (b)

Judgment

1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Determination of Claim 1 (hereinafter “Public Works Act”)

According to the above, if a project operator fails to pay or deposit the compensation by the commencement date of expropriation, the adjudication becomes void (Article 42(1) of the above Act). However, once the effect of expropriation has occurred and there is an objection or administrative litigation against the adjudication of expropriation, the validity of expropriation is not suspended (Article 88 of the above Act, landowners, etc.).

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