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(영문) 서울북부지방법원 2017.10.24 2017가단12544

부동산인도

Text

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

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization consisting of owners of land, etc. conducting an urban environment improvement project by setting the land size of 43281.8 square meters in Dongdaemun-gu Seoul Metropolitan Government as a project implementation district.

B. On September 11, 2014, the head of Dongdaemun-gu Seoul Metropolitan Government approved the implementation of the project on the Plaintiff, and approved the management and disposal plan on November 26, 2015, and publicly notified it on the same day.

C. The Defendant is the owner of each real estate listed in the separate sheet in the said project implementation district (hereinafter “each of the instant real estate”).

On July 28, 2017, the Plaintiff deposited KRW 716,613,520 of the compensation determined by the Defendant on September 14, 2017, after obtaining a ruling of expropriation on each of the instant real property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. When the authorization of a management and disposal plan is granted and a notice thereof is given pursuant to Article 49(6) and (3) of the Act on the Determination of the Grounds for Claims, the use and profit-making of the former owner, lessee, etc. of the subject matter shall be suspended, and the project implementer may receive and use the subject matter and make profits from the subject matter to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 2011). According to the above findings, the Defendant is obligated to deliver each of the instant real estate

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.