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(영문) 서울서부지방법원 2020.11.24 2020가단244026
건물인도
Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

According to each description of Gap evidence Nos. 1 through 9, the facts of the reasons for the claim are recognized.

Thus, the defendant has a duty to deliver to the plaintiff, who is the maintenance project executor, the real estate listed in the attached sheet.

In this regard, the defendant asserts that the deposit should be made in full in order to be effective, and the defendant raised an objection against the ruling of acceptance and raised an objection against the amount of compensation, so that the amount deposited by the plaintiff cannot be considered to be the full amount of compensation,

Therefore, if the executor of the public health zone and the housing redevelopment project deposited the compensation for losses as prescribed by the adjudication of expropriation by the competent Land Tribunal, the compensation for losses shall be deemed to have been completed, and even if an objection or administrative litigation is filed against the adjudication of expropriation, the validity of the expropriation or use of the land by the progress of the project and the adjudication shall not be affected. The same applies

(see, e.g., Supreme Court Decision 2014Du43387, Mar. 30, 2017). However, according to the Plaintiff’s evidence Nos. 6-1 and evidence Nos. 7-1, the Plaintiff’s deposit of compensation for losses as prescribed by the expropriation ruling is recognized. Thus, the Defendant’s above assertion is rejected.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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