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(영문) 창원지방법원 2016.03.24 2015나37263
건물인도
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of housing redevelopment project, the project district of which is 71,106.30 square meters of K Won-si, Changwon-si, Yongsan-si, which is a project implementation district, with the approval for the establishment of a housing redevelopment project on January 10, 201, the authorization for the implementation of the project on January 18, 201, the authorization for the implementation of the project on January 18, 2013, the authorization for the implementation of the project on January 23, 2014, and the authorization for the management and disposal plan on January 23, 201

B. Each real estate listed in the separate sheet No. 1 list is located in the project implementation district, and Defendant B is the real estate listed in the separate sheet No. 1 list No. 1, Defendant C is the real estate listed in the separate sheet No. 2, Defendant D is the real estate listed in the separate sheet No. 3, Defendant E is the real estate listed in the separate sheet No. 4, and Defendant G is a person who owns and occupies the real estate listed in the separate sheet No. 5, the separate sheet No. 1 list No. 1, and is a person

C. On April 28, 2015, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Expropriation Committee (hereinafter “instant adjudication”) on the compensation for each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). On June 17, 2015, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Expropriation Committee (hereinafter “instant adjudication”). On May 27, 2015, the Plaintiff deposited the full amount of compensation for the Defendants under the instant adjudication on behalf of the Defendants.

[Ground of recognition] No dispute exists, and the purport of Gap's 1 through 6, 9 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply) as a whole, and the purport of the whole pleading

2. Determination on the legitimacy of the Defendants’ appeal

A. The plaintiff's assertion is that the delivery and removal of each real estate of this case was conducted through the execution of the judgment of the court of first instance. The defendants' assertion that the plaintiff's appeal is unlawful, since it is not profitable to dispute the plaintiff's claim because it is impossible to recover possession of each real estate of this case.

B. Determination of this case.

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