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(영문) 서울서부지방법원 2016.09.21 2015가단244138

건물명도

Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap's evidence Nos. 1 and 5 as to the grounds for the parties' assertion and judgment, the plaintiff is a housing redevelopment and consolidation project association established to implement a housing redevelopment and rearrangement project for A district, the project district of which is 62,245.80 square meters in Mapo-gu Seoul, Seoul, as a project implementation district; on December 8, 2014, the plaintiff was subject to the management and disposal plan from the head of Mapo-gu and announced it by the head of Mapo-gu on March 12, 2015; the defendant was the owner of the building indicated in the attached Form (hereinafter "the building in this case"); the building in this case exists in the above rearrangement project district; the plaintiff is a person subject to cash liquidation; and the plaintiff was a person subject to cash liquidation and deposited KRW 920,983,200 on March 17, 2016 for the defendant; and the defendant shall deliver the building in this case to the plaintiff pursuant to Article 49 (6) of the Act on the Maintenance and Improvement for Residents.

As to the defendant's assertion, the defendant alleged that the compensation for the building of this case according to the adjudication of expropriation by the local Land Tribunal of Seoul Special Metropolitan City on January 29, 2016 is too low, but this cannot be asserted as a ground for refusal of delivery in the lawsuit of this case, aside from the dispute over the legitimacy of the compensation through a separate administrative litigation.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.