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(영문) 수원지방법원안양지원 2019.09.20 2019가단101890
지장물인도 등 청구의 소
Text

1. The Defendant shall deliver to the Plaintiff the obstacles indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On November 18, 2015, the Plaintiff implemented a public housing construction project for the relevant area including the land indicated in the separate sheet (hereinafter “instant land”), and completed the registration of ownership transfer for the instant land based on expropriation on December 29, 2016. On November 18, 2015, the Plaintiff paid KRW 1,924,000 to the Defendant as compensation for losses as to the obstacles indicated in the separate sheet installed on the ground (hereinafter “the instant vinyl”).

B. The defendant currently occupies the vinyl of this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination:

A. According to the above facts, since the defendant occupied the vinyl house of this case and infringed on the plaintiff's ownership, the defendant is obligated to deliver the vinyl house of this case to the plaintiff.

B. As to this, the defendant asserts that he cannot respond to the plaintiff's claim until he receives sufficient business compensation and living countermeasure paper from the plaintiff.

On the other hand, the issue of whether the defendant is eligible to receive compensation must be disputed through administrative litigation, separate from the case, and even if it can be contested in the case of family affairs, the evidence submitted by the defendant alone is insufficient to recognize that the defendant is eligible to receive compensation, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is not acceptable.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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