건물인도
1. The Defendant connects the Plaintiff with the points indicated in the separate sheet No. 3, 4, 17, 16, and 3 among the buildings listed in the separate sheet.
1. Determination of the cause of claim and determination of the cause of claim are as shown in the annexed sheet.
[Ground for recognition of facts] Unsatisfy, entry of Gap 1-11 evidence (if there is a provisional number, omitted), the purport of the whole pleadings.
2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim until the plaintiff is compensated for a legitimate business loss as a tenant.
In full view of the relevant provisions of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, including Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) and Article 62 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), in order for a project implementer to receive land or buildings within a rearrangement zone from a lessee to start construction work, payment procedures for business compensation, etc. shall be prior to the procedures for consultation or adjudication.
(see Supreme Court Decision 2009Da28394, Nov. 24, 2011). Meanwhile, in cases where an implementer of a housing redevelopment project deposited compensation for losses as prescribed by the adjudication of expropriation by the competent Land Tribunal, it shall be deemed that the compensation for losses under Article 49(6) of the Land Compensation Act has been completed.
(See Supreme Court Decision 2012Da40097 Decided August 22, 2013 (see, e.g., Supreme Court Decision 2012Da40097, Aug. 22, 2013). According to the evidence Nos. 12 and 13, the Seoul Special Metropolitan City Regional Land Expropriation Committee determines the Defendant’s business compensation amount to KRW 23,045,000 when it makes a ruling of expropriation on March 23, 2018 with the commencement date of expropriation as of May 11, 2018. The Plaintiff deposited KRW 23,045,000 as of May 9, 2018 by the Seoul Central District Court No. 11581, a deposit of the Defendant as the principal under the above ruling of expropriation.