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(영문) 서울서부지방법원 2015.08.21 2015가단4453

건물인도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project area covers 66,094 square meters in Eunpyeong-gu Seoul Metropolitan Government. The Plaintiff received authorization for the implementation of the project on May 26, 201 from the head of Eunpyeong-gu Seoul Metropolitan Government, the authorization for the implementation of the project on November 28, 201, the authorization for the implementation of the project on November 28, 2013, and the confirmation for the management and disposal of the project on November 27, 2014, and the head of Eunpyeong-gu announced the details of the authorization for the management and disposal plan

The defendant is the owner of the building indicated in the attached list located in the improvement zone of the plaintiff.

B. Around December 2014, the Plaintiff filed an application for adjudication on expropriation of the buildings listed in the separate sheet, and the Seoul Regional Land Tribunal rendered a ruling on April 24, 2015 to expropriate the said buildings at KRW 583,215,160 on June 12, 2015 with the commencement date of expropriation as of June 12, 2015.

On June 10, 2015, the Plaintiff deposited KRW 483,203,860, excluding the amount that the Plaintiff’s creditor received as a seizure collection order.

[Ground of recognition] Facts without dispute, each entry in Gap 1 through 11 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant lost the right to use or benefit from the building listed in the separate sheet pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the plaintiff, who is the project implementer, acquired the right to dispose of or use the above building for the implementation of the rearrangement project, has the duty