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(영문) 수원지방법원 2019.12.17 2019가단504848
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in Section B, “The real estate to which the Defendant is to deliver.”

2.

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 9 and the purport of the entire pleadings.

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established on September 17, 2009 for the purpose of implementing the Housing Redevelopment and Improvement Project in Suwon-si, Suwon-si C.

B. On June 8, 2018, the Suwon City approved and publicly notified the management and disposal plan for the Plaintiff’s housing redevelopment improvement project.

C. The real estate stated in subparagraph B (hereinafter “Attachment”) of the attached Table “Indication of the real estate to be delivered by the Defendant” is a business building located within the implementation zone of the Plaintiff’s Housing Redevelopment Improvement Project.

The defendant occupies the real estate listed in the attached Table as a business revenue.

E. On September 23, 2019, the Plaintiff deposited the full amount of compensation as stipulated in the above ruling for real estate and D as indicated in the attached Table by the Gyeonggi-do Regional Land Tribunal on the land, expropriation for the relevant site, and November 7, 2019 for the commencement date of expropriation (transfer).

2. According to the above facts of recognition, the defendant is obligated to deliver the real estate stated in the attached Table to the plaintiff.

The defendant asserts that it cannot accept the plaintiff's claim before receiving the transfer cost of movable property and the depreciation amount from the plaintiff. However, the defendant's claim is not subject to the transfer cost of movable property and the depreciation amount due to the previous transfer as business revenue, and the defendant's claim cannot be accepted.

3. The Plaintiff’s claim for conclusion is accepted on the grounds of its reasoning, and the litigation costs are to be borne by each party in consideration of the filing and progress of the instant lawsuit.

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