logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.01.30 2018가단216677
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B’s real estate listed in Appendix 2 List 2:

B. Defendant C is listed in Appendix 2 List 4.

Reasons

1. Determination as to the claim against Defendant B and D

A. In light of the facts without dispute, Gap evidence Nos. 1 through 7 (including each number), and the whole purport of the pleadings, it is acknowledged that each of the reasons for the claim is recorded in the annexed sheet No. 2. Barring special circumstances, defendant B is obligated to deliver the real estate listed in the annexed sheet No. 2, and defendant D is obligated to deliver the real estate listed in the annexed sheet No. 5

B. As to this, Defendant B and D may not seek the delivery of a building without paying resettlement funds, housing relocation expenses, and director expenses, and (2) the increased compensation procedures are in progress, and (3) the claim in this case cannot be delivered to the same season without sufficient consultation. Thus, it is alleged or defense to the effect that the claim in this case is without merit. However, the claim for compensation such as settlement funds, housing relocation expenses, and director expenses is granted in the public law as a right to social security, and it is difficult to view the claim for compensation subject to the principle of advance compensation as a compensation. Thus, it cannot be deemed that the obligation of advance payment or two obligations are superior to the Defendant’s obligation of delivery of real estate under the Urban Improvement Act (On the other hand, according to the Plaintiff’s reference materials submitted on January 21, 2019, it appears that the above Defendants were given a fixed residence relocation expenses, etc.) and Article 88 of the Land Compensation Act provides that the progress of the business and the use of land shall not be suspended even if the Central Land Expropriation Committee files an objection against the Defendants’ objection against the above Defendants.

2. Determination as to claims against the remaining Defendants

(a)the indication of claims: Attached Form.

arrow