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(영문) 인천지방법원 2020.01.10 2019가단225636
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B:

1. The real estate listed in the list:

B. Defendant C is the third floor of the real estate indicated in the same list.

Reasons

1. Determination as to the claim against the defendant B

A. In full view of the overall purport of the pleadings in each entry of Gap evidence Nos. 1 through 8 and 11 (including additional numbers), facts such as the entry in the separate sheet of the cause of the claim can be recognized.

B. The management and disposal plan of the instant project, which determined the cause of the claim, was authorized and publicly announced, and the Plaintiff deposited the instant real estate, etc., which was determined by the expropriation decision with the Defendant as the depositee, before the commencement date of expropriation.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.

C. The summary of the Defendant’s assertion 1) The Defendant is not entitled to comply with the Plaintiff’s claim on the grounds that the Defendant separately disputed in the administrative litigation regarding the instant compensation for loss, and that the increased compensation was not paid accordingly. (2) In the case where the compensation for loss under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) is not completed, the owner, etc. of the previous land or structure shall not lose the right to use and benefit.

Meanwhile, according to the relevant provisions of the Land Compensation Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation decided by the competent Land Tribunal (Article 45(1)); pay or deposit compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2)); if a project operator fails to pay or deposit compensation by the commencement date of expropriation, the adjudication becomes void (Article 42(1)); however, once there is an objection or administrative litigation against the adjudication of expropriation after the commencement of expropriation, the effect of the expropriation is not suspended (Article 88); and the landowner, etc. by the commencement date of expropriation.

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