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(영문) 전주지방법원 2019.06.21 2018가단26453 (1)
건물명도(인도)
Text

The plaintiff, the defendant B, C, and D deliver the buildings listed in the attached Form 3, and the defendant E delivers the buildings listed in the attached Form 5.

Reasons

The Plaintiff is a project implementer who implements a rearrangement project (redevelopment) in an improvement zone of the area of 67,848.54m2, one of the 335m2, Jeonsan-gu, Seoul Special Metropolitan City, including each building in the attached Form (hereinafter “each building of this case”) possessed by the Defendants.

(A) On December 5, 2017, the former Mayor approved the management and disposition plan concerning the instant improvement project of the Plaintiff, and publicly announced it in the official bulletin.

(A) On November 21, 2018, the Plaintiff consulted with the Defendants on the compensation of the instant building, but failed to reach an agreement, filed an application with the Provincial Land Expropriation Committee of Jeollabuk-do for adjudication. On November 21, 2018, the said Expropriation Committee rendered an adjudication of KRW 79,149,00 of land compensation for Defendant B, KRW 82,154,130 of building compensation, KRW 26,383,00 of land compensation for Defendant C, KRW 14,384,710 of building compensation, KRW 14,383,710 of building compensation, KRW 26,383,00 of land compensation for Defendant D, KRW 14,384,710 of building compensation, KRW 158,90, KRW 409, KRW 400 of building compensation, KRW 500 of building compensation, etc., KRW 80, KRW 1509, KRW 209, KRW 1509, KRW 2981, KRW 209,509.

However, Defendant G was living in the same household as Defendant F’s spouse, and thus was not separately entitled to land compensation, etc.

(No. 1, No. 2-3-8, and No. 3-4 of the Evidence No. 2). The Plaintiff refused to receive the compensation determined by the acceptance ruling and deposited all the compensation to the Defendants with the Jeonju District Court on December 28, 2018.

(A) The Defendant is obligated to deliver each of the instant buildings to the Plaintiff pursuant to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

As to the defendants' assertion that it is a lawsuit violating the principle of good faith, the plaintiff filed an application for adjudication of expropriation with the Provincial Land Tribunal of Jeollabuk-do.

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