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(영문) 인천지방법원 2019.03.19 2018가단233043
건물명도(인도)
Text

1. The Plaintiff:

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

B. The Appointor D shall be in annexed Form 2.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the facts recorded in the reasons for the claim as shown in the separate sheet Nos. 1 through 6 can be acknowledged.

B. According to the above facts of recognition, the Plaintiff is a project implementer who has received public notice of approval of a management and disposal plan pursuant to the provisions related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and Defendant B, Defendant D, and Defendant C (hereinafter “Defendants”) occupy and use each real estate listed in the list of real estate in attached Forms 1 through 3 (hereinafter “each real estate in this case”) within the project area, barring special circumstances, the Defendants are obligated to deliver the above real estate to the Plaintiff, barring special circumstances.

2. Determination as to the assertion by Defendant (Appointed Party) C and Appointed D

A. The gist of the assertion 1) The Plaintiff is the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”).

(1) A failure to perform the obligation to compensate for losses (hereinafter referred to as “section 1”)

2) Defendant C and Appointed D did not receive any compensation for relocation expenses.

(3) Since the Defendant (Appointed Party) C and the appointed Party D did not receive full compensation from the Plaintiff, the Defendant (Appointed Party) C and the appointed Party D are not obligated to deliver the pertinent real estate to the Plaintiff (hereinafter referred to as “third Party”) as the owner of the real estate possessed by the Defendant (Appointed Party) and the appointed Party C and D are not obligated to deliver the real estate to the Plaintiff (hereinafter referred to as “third Party”).

B. B. In full view of the purport of the entire arguments as to Section 7 through 9 as to Section 1, the Plaintiff may recognize the fact that the Plaintiff deposited the compensation for losses as prescribed by the adjudication of the local Land Tribunal of Incheon Metropolitan City. (C) The Defendant (Appointed Party C) (hereinafter referred to as the appointed party C).

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