logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.03.19 2018가단223954
건물인도
Text

1. The Plaintiff:

(a) Selected D shall deliver the real estate listed in the real estate list in annexed Form 1;

B. The Selection E shall be as shown in Appendix 2.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the facts as stated in the reasons for the claim in the separate sheet Nos. 1 through 7 (including the evidence numbered) can be acknowledged.

B. According to the above facts of recognition, the Plaintiff is a project implementer for whom the approval of the management and disposal plan was publicly announced 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 the Defendant (Appointed Party B), Defendant C, and the designated parties (hereinafter “Defendants”) occupy and use each real estate listed in the list of real estate listed in the attached Table 1 through 5 in the project area, and the Defendants are obligated to deliver the above real estate to the Plaintiff, barring special circumstances.

2. Judgment on the defendants' assertion

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) The Appointor D did not receive housing relocation expenses and compensation for loss of director expenses, and the Appointor F did not receive compensation for loss of director expenses.

(3) Since G, the owner of the real estate possessed by the Defendant (Appointed Party) B and the designated parties, G, still did not receive full compensation from the Plaintiff, the Defendant (Appointed Party) B and the designated parties who are authorized to use the real estate from G do not still bear the obligation to deliver the real estate to the Plaintiff (hereinafter “Section 3”).

4) In the adjudication on Defendant (Appointed Party) B, some items subject to compensation were omitted, and sufficient compensation was not made.

(hereinafter referred to as “Chapter 4”). (b)

The defendants' statements in Gap evidence Nos. 8 through 10 (including the numbered evidence) as to Gap's claim No. 1 are all the arguments.

arrow