beta
(영문) 울산지방법원 2019.05.29 2018가단4801

건물인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. Under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), the Plaintiff obtained authorization to establish an association from the head of the Gu among Ulsan Metropolitan City on November 10, 201 to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) using the land, etc. located in Ulsan-gu Seoul Metropolitan City as a rearrangement zone.

B. With respect to the instant redevelopment project from the head of Ulsan Metropolitan City, the Plaintiff was notified to the head of the Gu on January 11, 2016 with the authorization to implement the relevant redevelopment project, and the notification was made to the Jung-gu, Ulsan Metropolitan City on the same day. On February 27, 2017, the Plaintiff received the approval of the management and disposal plan pursuant to Article 48(1) of the former Act pursuant to Article 48(3) of the former Act and notified to the Jung-gu, Ulsan Metropolitan City on the same day.

C. The Defendant was the owner of the real estate indicated in the attached list within the instant redevelopment project improvement zone (hereinafter “instant real estate”). The Defendant became the subject of cash liquidation because it did not apply for parcelling-out within the period of application for parcelling-out of the instant redevelopment project.

On December 10, 2018, the Plaintiff consulted with the Defendant on the compensation for losses for the instant real estate, but agreed upon, and on the other hand, deposited KRW 487,929,240 as the compensation for losses under the instant decision of expropriation by the Regional Land Expropriation Committee of Ulsan Metropolitan City, Ulsan Metropolitan City (hereinafter “instant adjudication on expropriation”). On February 28, 2019, the Plaintiff deposited KRW 487,929,240 as the compensation for losses under the instant adjudication on expropriation by designating the Defendant as the depositee on February 21, 2019.

E. On January 25, 2019, the Defendant filed an objection against the instant ruling of acceptance.

【Fact-finding without a dispute over the basis of recognition, Gap 1 through 4, Eul 1, 2 and 4, and the purport of the whole pleadings.

2. Determination

A. Article 49(6) of the former Act on the Improvement of Urban Areas and Dwelling Conditions for the cause of the claim is the same as the owner of the previous land or structure when the public notice (authorization of management and disposal plan) is given in accordance with paragraph (3).