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(영문) 전주지방법원 2019.06.14 2018가단29957
건물인도
Text

The defendant shall deliver the building indicated in the attached Form to the plaintiff.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1 shall be provisionally executed.

Reasons

Facts of recognition

The Plaintiff, including the land owned by the Defendant, is a project implementer who performs a rearrangement project (redevelopment) in an improvement zone of the area of the 62,035 square meters of 405 square meters, Jeonsi-gu, Jeonsi-si, Jeonsi-si, Jeonsi-si, and 405 square meters (Evidence A 1), and the Defendant currently occupies the attached building (hereinafter “instant building”).

On December 5, 2017, the Jeonju Mayor approved the management and disposal plan concerning the instant rearrangement project of the Plaintiff and publicly announced it in the Official Gazette.

The Plaintiff consulted with the Defendant on the compensation for land and buildings owned by it, but failed to reach an agreement, filed an application for adjudication with the Provincial Land Expropriation Committee of Jeollabuk-do. On January 31, 2019, the said Expropriation Committee rendered a ruling with the content of KRW 74,521,60 of land compensation, KRW 23,965,00 of land compensation, KRW 23,965,00 of building compensation, and the date of commencement of expropriation set on March 26, 2019.

(A) No. 3-1, 2, and 3). On March 21, 2019, the Plaintiff deposited KRW 98,486,600 in total to the Defendant as the Jeonju District Court No. 20176, Mar. 21, 2019.

(A) The Defendant is 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”).

(See Supreme Court Decision 2008Da91364 Decided July 28, 201)

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