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(영문) 서울남부지방법원 2016.08.24 2015가단237940

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that has been established by having the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government 27,848 square meters as a project implementation district.

B. The Plaintiff was authorized to establish an association on May 19, 2010 by the head of Yeongdeungpo-gu Seoul Metropolitan Government; the authorization to implement the project on April 26, 2013; and the authorization to implement the management and disposal plan on September 18, 2015; and the head of Yeongdeungpo-gu Seoul Metropolitan Government announced the management and disposal plan on September 24, 2015.

C. The Defendant is the owner of the real estate indicated in the attached list located in the project implementation district (hereinafter “instant real estate”), who has not filed an application for parcelling-out. D.

With respect to the instant real estate, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not reach an agreement on compensation for losses with the Defendant. On May 27, 2016, the said Committee decided on the commencement date of expropriation on July 15, 2016, and on the compensation for losses for the Defendant at KRW 595,08,790, and the Plaintiff deposited the full amount of compensation for losses under the said adjudication of expropriation on June 24, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff is obligated to deliver each of the real estate of this case to the plaintiff, since the plaintiff, after the public notice of approval of the management and disposal plan was given, the defendant as the principal depositer, deposited the full amount of compensation for losses in accordance with the decision of acceptance

3. In conclusion, the plaintiff's claim of this case is justified. It is so decided as per Disposition by the assent of all participating Justices on the ground that the lawsuit of this case is to be assessed against each party in consideration of the circumstances surrounding the institution of this case and the