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(영문) 대구지방법원김천지원 2020.05.28 2019가단36352
건물명도(인도)
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts recognized;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by designating the Gu, Si, Si, and Gu (hereinafter “instant project implementation district”).

B. Defendant B, on November 15, 2016, is the owner who completed the registration of ownership transfer based on the sale of real estate listed in the separate sheet (hereinafter “instant real estate”) on the same date, and Defendant C is the spouse of Defendant B.

C. The instant real estate is located within the project implementation district of the instant case, and the Defendants currently engage in the business with the trade name “E” and possess the said real estate together.

The Gu U.S. Mayor authorized the Plaintiff to implement the project on August 13, 2015, and publicly notified the implementation authorization on August 19, 2015.

In addition, on May 17, 2018, the old-U.S. Mayor approved the Plaintiff’s management and disposition plan (hereinafter “instant management and disposition plan”) and notified the Plaintiff of the management and disposition plan on May 23, 2018.

E. On January 31, 2020, upon the Plaintiff’s application for the adjudication of expropriation, the Gyeong-do Regional Land Tribunal rendered the adjudication of expropriation of the instant real estate, etc. located on the land and the land owned by Defendant B (hereinafter “instant adjudication of expropriation”). The date of commencement of expropriation is March 20, 2020.

F. On March 19, 2020, the Plaintiff deposited 295,793,000 won (i.e., land compensation of KRW 239,322,000 and transfer expenses of KRW 56,471,00,00, such as land compensation of KRW 239,32,000 and transfer expenses of “G”) with Defendant B as the depositee ( Daegu District Court Kimcheon-do Branch Office 2020).

[Ground for recognition] Defendant B: Each entry in the confession (the main text of Article 150(3) and Article 150(1) of the Civil Procedure Act) with no dispute, Gap evidence 1 through 3 (including each number, if any, hereinafter the same shall apply), 4-4, 6-8, and 8.

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