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(영문) 인천지방법원 2020.09.24 2020가단206907
건물인도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C is among the real estate listed in the separate sheet No. 1.

Reasons

1. Determination as to each claim against Defendant B, C, E, and F

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession based on each ground (Article 208(3)2 and Article 150(3) of the Civil Procedure Act);

2. Determination as to each claim against Defendant G and H

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by each service by public notice on the grounds (Article 208 (3) 3 of the Civil Procedure Act);

3. According to the records in Gap evidence No. 1 and 5 as to the claim against defendant D, the plaintiff is a housing redevelopment and rearrangement project association which has obtained authorization for establishment of the project district by designating 80,720 m2 m2 (including the real estate indicated in the attached list) in Bupyeong-gu, Incheon as the project district of Bupyeong-gu, Incheon as the project district, and the plaintiff was subject to the approval of the management and disposal plan from the head of Bupyeong-gu on April 10, 2019, and notified the management and disposal plan on the same day by the head of Bupyeong-gu, Incheon as the head of the Gu on the same day. In addition, the plaintiff obtained the approval of the management and disposal plan from the head of Bupyeong-gu on October 14, 2019, the plaintiff occupied and used the real estate as the owner of the real estate listed in the attached list No. 2, and the plaintiff deposited the expropriation compensation of 14,000,000 won to defendant D on May 8, 2020.

According to the above facts, Defendant D is obligated to deliver the above real estate possessed by the Plaintiff pursuant to Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, except in special circumstances

Accordingly, Defendant D asserts that he cannot respond to the Plaintiff’s claim before receiving due compensation for losses.

If the executor of housing redevelopment project deposits money as prescribed by the adjudication of expropriation by the competent Land Tribunal, the compensation for losses shall be deemed to have been completed, and even if an objection or administrative litigation is filed against the adjudication of expropriation, the validity of the expropriation or use of the land by the progress of the project and the adjudication shall be affected.

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