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(영문) 수원지방법원안양지원 2019.06.28 2019가단104882
건물명도(인도)
Text

1. The Defendant connects the Plaintiff with each point of the attached Form No. 1, 2, 3, 4, and 1 in sequence among the 4,013 square meters in Sincheon-si B.

Reasons

1. Facts of recognition;

A. The Plaintiff, who implemented a public housing construction project for the area of the instant land, including the land indicated in paragraph (1) of this Article (hereinafter “instant land”), was a person who executed a public housing construction project for the area of the said land including the land indicated in paragraph (1) of this Article. As to the instant land and the plastic houses listed in paragraph (1) of this Article (hereinafter “instant plastic houses”), acquired ownership on the ground of an agreement

B. The defendant currently occupies the vinyl of this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is judged to have infringed on the plaintiff's ownership by occupying the vinyl house of this case. Thus, the defendant is obligated to deliver the vinyl house of this case to the plaintiff.

B. The defendant's assertion that he cannot respond to the plaintiff's claim until he receives sufficient compensation from the plaintiff.

On the other hand, the issue of whether the defendant is eligible to receive compensation must be disputed through administrative litigation, which is a separate procedure from the case, and even if it can be asserted in family affairs and principal cases, there is no evidence to deem the defendant as eligible to receive compensation, and the defendant's argument that the defendant cannot respond to the plaintiff's claim until receiving compensation from the plaintiff cannot be accepted.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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