beta
(영문) 수원지방법원 2020.01.21 2019가단540851

건물명도(인도)

Text

1. The Defendants’ real estate indicated in paragraph (2) of the “Indication of the real estate to be delivered to each Defendant” in the attached Table to the Plaintiff.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence as set forth in subparagraphs A and 12 and the purport of the entire pleadings.

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established on September 17, 2009 for the purpose of implementing the Housing Redevelopment and Improvement Project in Suwon-si G G of Suwon-si.

B. On June 8, 2018, the Suwon City approved and publicly notified the management and disposal plan for the Plaintiff’s housing redevelopment improvement project.

C. Each real estate listed in Section B (hereinafter “Attachment”) of the “Indication of the Real Estate to be delivered to each Defendant” in the attached Table is located within the implementation zone of the Plaintiff’s Housing Redevelopment Improvement Project.

The Defendants are the owners of each of the relevant real estate listed in the attached Table.

E. On September 23, 2019, the Plaintiff deposited the full amount of compensation for the Defendants on October 2019 for each real estate listed in the attached Table by the Gyeonggi-do Regional Land Tribunal, expropriation of the relevant site, and the commencement date of expropriation (transfer) as of November 7, 2019.

2. According to the above facts of the judgment, barring any special circumstance, the Defendants are obligated to deliver each of the pertinent real estate listed in the attached Table to the Plaintiff.

As to this, Defendant C did not receive the reasonable amount of resettlement funds, housing relocation expenses, and director expenses from the Plaintiff, Defendant C did not have any obligation to deliver the relevant real estate as stated in the attached Table to the Plaintiff

In full view of the evidence No. 12 and the purport of the entire pleadings, it is acknowledged that the Plaintiff deposited 9,324,408 won, 2,897,072 won, and 541,448 won for Defendant C on November 12, 2019 for Defendant C. Thus, it is not allowed for Defendant C to refuse to deliver the relevant real estate on the grounds that the above deposit amount is unfair, regardless of the legitimacy of the above deposit amount.

Defendant C’s above assertion.