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(영문) 광주지방법원 2018.12.20 2018가단502486
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is marked 1, 2, 3, 4, 1 of the annexed drawings among the buildings listed in paragraph 1 of the annexed list of real estate.

Reasons

1. Claim against Defendant B, C, E, and F

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

B. (1) Grounds for recognition (1) Articles 208(3)2 and 150(3)(i)(ii) of the Civil Procedure Act of Defendant B, C, and E, and Article 208(3)3 (i) of the Civil Procedure Act of Defendant F.

2. Claim against Defendant D

(a)as shown in the reasons for the recognition in the annexed sheet;

On the other hand, around October 30, 2018, the Plaintiff deposited the full amount of compensation for losses (business compensation) due to the ruling of expropriation with Defendant D as the principal deposit.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6, including each number, the purport of the whole pleadings

B. According to the above facts of recognition, pursuant to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas, the defendant, who is the lessee of the building of this case, is obligated to deliver the building to the plaintiff who acquired the right to use and profit from the building of this case as the above notification

As to this, Defendant D alleged to the effect that it cannot respond to the Plaintiff’s claim for delivery because the compensation is too small, but the Plaintiff deposited the full amount of compensation for losses (business compensation) due to the decision of expropriation with Defendant D as the depositee around October 30, 2018 as above recognition. The Plaintiff’s deposit of compensation for losses and the compensation for losses pursuant to the Land Compensation Act under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents should be deemed to have been completed (see Supreme Court Decision 2012Da4097, Aug. 22, 2013). The above circumstance asserted by Defendant D does not constitute a ground for refusing the Plaintiff’s claim, and thus, the above assertion cannot be accepted.

C. Thus, the plaintiff's claim against the defendant D is justified, and this is accepted.

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