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(영문) 의정부지방법원 고양지원 2018.11.07 2018가단76930
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. The Plaintiff, on July 18, 201, was a housing redevelopment and rearrangement project association that obtained authorization for the establishment on July 18, 201 from the ancientyang-gu Seoul Metropolitan City as a project implementation district and announced the implementation of the housing redevelopment and rearrangement project around October 2016.

The Defendant operates the business in the name of “D” by leasing real estate indicated in the attached list located in the said project implementation district. On August 29, 2017, the Goyang market approved and publicly notified the Plaintiff’s management and disposal plan.

The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal, which did not reach an agreement on the compensation for losses with the Defendant, and the Gyeonggi-do Local Land Tribunal rendered an adjudication of expropriation on April 9, 2018 by determining the date of commencement of expropriation as 15,587,500 won and the date of commencement of expropriation as 24 May 2018.

Accordingly, on May 8, 2018, the Plaintiff deposited the aforementioned compensation for losses with the Jung-gu District Court Dayang Branch 3137 in 2018 by making the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 20 evidence, purport of the whole pleadings

2. On August 29, 2017, as seen earlier, there was authorization and public notice of the management and disposal plan regarding the Plaintiff’s housing redevelopment improvement project, and the Plaintiff deposited compensation for losses following the expropriation ruling to the Defendant, barring any special circumstance, the Defendant is obligated to deliver the Plaintiff the real estate indicated in the attached list to the Plaintiff, barring any special circumstance.

3. To accept the Plaintiff’s claim based on the conclusion of the agreement

(However, with respect to the costs of lawsuit, it is so decided as per Disposition in consideration of the fact that a deposit under the expropriation ruling was made only after the lawsuit of this case).

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