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(영문) 서울북부지방법원 2020.05.07 2019나35573
건물명도(인도)
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 court's findings of fact and determination of the plaintiff's cause of claim based on the grounds stated in this case are identical to the reasoning of the judgment of the court of first instance as stated in paragraphs (1) and (2) of Article 420 of the Civil Procedure Act. Thus, the court's findings of fact and determination of the plaintiff's cause of claim are cited in accordance with the main sentence

2. The defendant's assertion argues that the defendant raised an objection against the ruling of expropriation by the local Land Tribunal of Seoul Special Metropolitan City, and that if the H is operated by himself, the cost of more than 60,000,000 won arises, the plaintiff's claim cannot be complied with.

However, if an executor of a housing redevelopment improvement project has deposited compensation for losses as prescribed by the adjudication of expropriation by the competent Land Tribunal, it shall be deemed that the compensation for losses pursuant to the Land Compensation Act under Article 49(6) of the Act has been completed (see, e.g., Supreme Court Decision 2012Da40097, Aug. 22, 2013). The objection against the adjudication of expropriation does not suspend the progress of the project and the expropriation or use of the project (see, e.g., Supreme Court Decision 2014Du43387, Mar. 30, 2017). Thus, even if the amount of compensation for the defendant increases in the adjudication of expropriation, the defendant still bears the obligation to deliver the expropriated real estate to the plaintiff. Thus, the circumstance that the defendant is liable to pay is not a justifiable ground for defense that could oppose the plaintiff.

Therefore, the defendant's argument is without merit.

2. If so, the defendant is obligated to deliver the real estate listed in the separate sheet to the plaintiff.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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