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(영문) 인천지방법원 2019.09.05 2018가단254712
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is the building listed in the attached Table 1 list;

B. The defendant C is a building listed in the attached Table 2.

Reasons

1. In the absence of a dispute between the parties to the determination as to the cause of the claim, or in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), facts as stated in the cause of the claim

Therefore, the Plaintiff, Defendant B, and Defendant C are obligated to deliver each real estate listed in the separate sheet No. 1, and the separate sheet No. 2.

2. As to Defendant C’s assertion, Defendant C asserts to the effect that it does not have a duty to deliver the real estate listed in the separate sheet No. 2 until the Plaintiff receives housing relocation expenses and directors’ expenses.

It is difficult to view that the amount of money paid on the level of social security is compensation under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor as stipulated in Article 81 (1) 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

In addition, there is no evidence that Defendant C is subject to the payment of the relocation expense, and according to the statement of Party C’s evidence No. 10, the Plaintiff deposited KRW 1,226,740 with Defendant C as the principal deposit on July 2, 2019 at this Court No. 6382 of this Court, with Defendant C as the principal deposit on July 2, 2019.

Therefore, Defendant C’s assertion is without merit.

3. According to the conclusion, the plaintiff's claim is reasonable, and all of them are accepted, and it is so decided as per Disposition.

However, the Plaintiff filed the instant lawsuit on December 12, 2018, and withdrawn the lawsuit against the Defendant, excluding the Defendants, three persons other than the Defendants, and the said withdrawn lawsuit is delayed for the service of the Defendants, and the costs of the lawsuit shall be borne individually.

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