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(영문) 서울서부지방법원 2015.12.17 2015나35274
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the cited party of the judgment of the court of first instance states concerning the instant case are the same as the reasons stated in the part of the judgment of the court of first instance, except for addition of the following judgments, and thus, they are cited by the main sentence of Article 420

2. Additional determination

A. The defendant did not guarantee objectivity of evaluation, such as determining the amount of compensation for loss as set forth in the adjudication of expropriation excessively low, and the defendant's assertion that the current state of the above real estate should be maintained until the completion of the appraisal procedure in the administrative litigation for the calculation of reasonable compensation for loss with respect to the real estate of this case. Thus, the plaintiff's claim cannot be complied with.

B. Article 40(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) shall apply mutatis mutandis to the expropriation or use of the ownership of land or buildings and other rights for implementing a rearrangement project in an improvement zone, except as otherwise provided in this Act. The Land Compensation Act shall transfer or transfer the land or goods to the project implementer by the commencement date of expropriation or use, and if the project implementer fails to pay or deposit the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation or use, the adjudication on expropriation becomes void, but if the project implementer pays or deposits the compensation by the commencement date of expropriation and has caused the effect of expropriation, then the landowner or person concerned, or any other person who is not a landowner or person concerned, and is entitled to the land or goods to be expropriated or used shall also transfer the land or goods to the project implementer by the commencement date of expropriation or use.

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