beta
(영문) 서울서부지방법원 2015.09.18 2015가단211114

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;

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, for which the head of Yongsan-gu Seoul Metropolitan Government (hereinafter “the head of Yongsan-gu”) has obtained authorization to establish a housing redevelopment and approval to implement a housing redevelopment and rearrangement project for a housing redevelopment and rearrangement project area of Yongsan-gu Seoul Metropolitan Government.

B. On June 10, 2015, the Plaintiff received an approval for the management and disposal plan from the head of Yongsan-gu, and on June 12, 2015, the said approval was publicly notified.

C. The Defendant, as the owner of the building indicated in the attached list located within the Plaintiff’s improvement project zone (hereinafter “instant building”), did not apply for parcelling-out within the period of application for parcelling-out and became a cash liquidation subject under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions

On March 27, 2015, the Plaintiff filed an application with the competent local Land Tribunal for adjudication on expropriation of the instant building, etc. on the ground that consultation on the purchase of the instant building, etc. was not reached between the Defendant, who is the person subject to cash settlement, and the said Land Tribunal rendered a ruling of acceptance on March 27, 2015, stating that “the Plaintiff shall expropriate the instant building site and transfer goods for the purpose of housing redevelopment improvement project, and compensation for losses on the said building site shall be KRW 768,064,00, and compensation for losses on the said building site shall be KRW 127,963,900, and the additional charges for the delayed claim shall be paid from the date 60 days have elapsed from the date on which the Defendant’s application for adjudication on expropriation was filed to the date on which the application for adjudication on expropriation was filed until the date on which the land

E. On May 15, 2015, the Plaintiff rejected each of the above amounts of KRW 768,064,00 for compensation for losses, and KRW 127,963,90 for goods (a building) as compensation for losses, as well as additional dues of KRW 69,227,361 for the decision to pay additional dues, which was decided by the Defendant’s expropriation decision, as the principal deposit in this court.