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(영문) 전주지방법원 2019.07.12 2018가단26453 (2)
건물명도(인도)
Text

The Defendants deliver to the Plaintiff the building indicated in the attached Form.

Litigation Costs shall be borne by the Defendants.

Paragraph 1.

Reasons

The Plaintiff is a project implementer who implements a rearrangement project (redevelopment) in an improvement zone with a lot of 67,848.54m2, 335m2, including buildings listed in the attached Form (hereinafter “instant building”) owned by the network B (hereinafter “the network”).

(Evidence A No. 1 and 2). On December 5, 2017, the former Mayor authorized the Plaintiff’s management and disposition plan concerning the instant improvement project and publicly announced it in the Official Gazette.

(A) On November 21, 2018, the Plaintiff consulted with the Deceased on the compensation of the instant building, but did not reach an agreement, filed an application for adjudication with the Provincial Land Tribunal of Jeollabuk-do, which decided on November 21, 2018 as KRW 142,527,60, and the said Land Compensation Committee decided as KRW 58,198,000 on the compensation of the deceased’s land.

(No. 1 and No. 2-2). The Plaintiff refused to accept the compensation determined by the adjudication of expropriation, and the Plaintiff deposited all the compensation for the Deceased at the Jeonju District Court on December 28, 2018.

(A) The deceased died on January 22, 2019, and his heir C, children D, E, and F.

(B) The Defendants are 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 (hereinafter “Urban Improvement Act”).

After the death of the deceased, the Defendants asserted that there is no obligation to deliver the building since the remaining Defendants do not occupy the building of this case. However, since they are naturally transferred possession rights due to inheritance to the heir (Article 193 of the Civil Act). Therefore, the issue is whether the Defendants actually occupy the building of this case is not problematic.

The Plaintiff asserted that the Defendants violated the principle of trust and good faith filed the instant lawsuit under the circumstances where the result was not determined after filing an application for adjudication of expropriation with the Province Regional Land Expropriation Committee of Jeollabuk-do.

However, the plaintiff does not pay the compensation to be determined in the ruling of acceptance.

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