beta
(영문) 의정부지방법원 2017.04.28 2016가합52750

건물명도

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. On September 3, 2010, the Plaintiff was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with a project implementation district consisting of 47,447 square meters in Dong Government-si, and completed the establishment registration on the same day after obtaining authorization for establishment from the Jung Government City Mayor.

B. The Plaintiff received authorization for the implementation of the project on September 11, 2013, and received the authorization for the implementation of the project on February 29, 2016, and publicly notified the details of the authorization for the management and disposal plan on the same day.

C. The Defendant possessed each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) among the land listed in paragraph (1) of the attached Table No. 1 within the instant rearrangement project zone by owning the building indicated in the 1/2 shares and Paragraph (2) of the same list of the above land. However, the Defendant became a person subject to cash settlement by failing to apply for parcelling-out within the period for parcelling-out.

The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal, which did not reach an agreement on compensation for losses on each of the instant real estate between the Defendant, and the said Committee rendered a ruling of expropriation that, on February 27, 2017, the date of expropriation was April 13, 2017, the Plaintiff accepted land, etc. in the project zone for the instant improvement project, and the amount of compensation for losses to the Defendant was KRW 496,886,960 (i.e., KRW 321,062,50 as to 1/2 of the real estate listed in attached Table 1 (i.e., KRW 175,824,460 as to the real estate listed in attached Table 2).

On March 21, 2017, the Plaintiff paid KRW 496,886,960 to the Defendant on March 21, 2017.

E. On March 21, 2017, the Plaintiff paid a total of KRW 19,130,780 to the Defendant (i.e., KRW 7,130,780 for resettlement settlement money of KRW 12,00,000 for relocation of dwelling). On the same day, the Defendant prepared a letter to the Plaintiff that he/she would deliver each of the instant real estate by April 29, 2017.

[Ground of recognition] Unsatisfy, A(1) through (3)