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(영문) 인천지방법원 2019.08.20 2018가단266340
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in Annex 1 List 1;

B. The defendant C shall list the annexed sheet 1.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

(a)the reasons for the claim are as shown in Appendix 2;

B. Judgment 1 on the grounds that applicable provisions of Acts are applicable mutatis mutandis: Each provision of Article 208(3)2, the main text of Article 150(3) and the main text of Article 150(1)2 of the Civil Procedure Act: Defendant B was served with a copy of the complaint stating the Plaintiff’s claim, but did not submit a reply and a preparatory document, and did not appear on the date for pleading

Therefore, pursuant to the main text of Article 150(3) and main text of Article 150(1) of the Civil Procedure Act, Defendant B is deemed to have led to the Plaintiff

2. Determination as to the Plaintiff’s claim against Defendant C

A. In full view of the overall purport of the evidence submitted, the following facts are acknowledged: (a) the Plaintiff deposited KRW 43,940,080 as compensation for Defendant C, which was determined by the Incheon Metropolitan City Local Land Tribunal’s ruling of expropriation on June 11, 2019; and (b) the Defendant C is obligated to deliver the Plaintiff the real estate listed in attached Table 1(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant real estate”) pursuant to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, barring any special circumstance.

B. Determination 1 on Defendant C’s assertion 1) Summary of the management and disposal plan and the adjudication of acceptance, which are the basis of the Plaintiff’s claim, are erroneous and thus Defendant C cannot respond to the Plaintiff’s claim of this case.

(2) Defendant C was unable to comply with the Plaintiff’s request since it was not paid with the housing transfer cost which was already already paid prior to the delivery of real estate (hereinafter “instant Claim 1”).

2) Defendant C asserted that there is a defect in the management and disposition plan (reasons for invalidation), but there is no evidence to acknowledge that there is a defect in the management and disposition plan, Defendant C does not accept the above part of Defendant C’s claim. B) Next, Defendant C does not accept the above part of the claim.

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