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(영문) 서울서부지방법원 2020.07.10 2020가단224138

건물인도

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. The plaintiff's cause of the claim of this case, such as the annexed sheet, is not in dispute between the parties, or may be acknowledged by considering the whole purport of the pleading as a whole in the entries in Gap No. 1 to No. 4.

2. The Defendant asserted that, even if the Plaintiff’s member, he could not respond to the Plaintiff’s claim before receiving the Plaintiff’s business loss compensation.

However, according to relevant provisions such as the Act on the Acquisition of Land, etc. for Urban Areas and Residential Environments and Residential Environments and Public Works Projects, members who acquired the status of purchase of new buildings by applying for parcelling-out shall not be eligible for compensation for losses

In other words, the "owner of land, etc." who participated in an improvement project by applying for parcelling-out with consent to the urban environment rearrangement project in order to provide his/her own land or buildings for an improvement project, where there is a difference between the price of the land or buildings previously owned and the price of the land or buildings sold in lots, the owner of the land, etc. who has participated in the improvement project shall be deemed to have a status corresponding to the project implementer. As such, the owner of the land, etc. has no right to claim compensation, etc. as provided for in the Act on Acquisition of and Compensation for Land, etc.

3. If so, the defendant is obligated to deliver each real estate listed in the separate sheet to the plaintiff, and thus the plaintiff's claim is accepted.