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(영문) 전주지방법원 2019.09.19 2018가단29735
건물인도
Text

1. The plaintiff

A. Defendant D and E are buildings with the indication of the attached real estate

B. Defendant B:

One floor of a building described in the subsection.

Reasons

1. Basic facts

A. The Plaintiff is a project implementer that implements a housing redevelopment improvement project (hereinafter “instant improvement project”) in an area located in the Seoul Metropolitan area of 62,035.60 square meters located in the Seoul Metropolitan City, Y-gu, Seoul Special Metropolitan City, including buildings indicated in the attached list (hereinafter “instant building”). Defendant D and E occupy the instant building as the heir of the deceased H (Death, August 22, 2018), the owner of the instant building, and Defendant B operates “F” by leasing 28 square meters in sequence connected with each point of 2,3,6,7, and 2 of the attached drawings among the first floor of the instant building. Defendant C operates the instant building on a leased 28 square meters in sequence, which is 28 square meters connected with each point of 2,3,6,7, and 152.24 square meters in the second floor of the instant building.

B. On December 5, 2017, the Jeonju Mayor approved the management and disposal plan of the Plaintiff’s instant rearrangement project and publicly announced it in the official gazette.

C. The network H became eligible for cash settlement because it did not apply for an application for parcelling-out within the period of application for parcelling-out, and the Plaintiff applied for an expropriation ruling on the instant building, etc. to the Provincial Land Tribunal of Jeollabuk-do on January 31, 2019 and received a ruling of expropriation on March 26, 2019.

(hereinafter “instant acceptance ruling”) D.

On March 21, 2019, the Plaintiff deposited KRW 606,00,00 as compensation for the instant building and its land as the depositee, KRW 29,220,000 as compensation for suspension of work for Defendant B as the depositee, and KRW 69,150,00 as compensation for suspension of work for Defendant C as the depositee, and KRW 69,150,000 as compensation for suspension of work for Defendant C as the depositee, respectively.

(E) Defendant E is a family member of Defendant D who resides in the same household, and thus is not subject to separate compensation for losses).

On April 15, 2019, the Plaintiff deposited KRW 21,056,652 in total, with Defendant D as a depositee.

[Ground of Recognition] Facts without dispute, Gap's statements, Gap's 1 to 4 and 6's statements, arguments, and arguments.

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