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(영문) 서울서부지방법원 2019.12.17 2019가단204374

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association with the approval of establishment on September 4, 2009 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment improvement project for the area of 47,199 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

B. The head of Seodaemun-gu Seoul Metropolitan Government approved the management and disposal plan on July 10, 2018 after approval of the project implementation plan for the Plaintiff, and publicly notified it as the F of Seodaemun-gu Seoul Metropolitan Government public notice on the same day.

C. The Defendants owned each real estate listed in the separate sheet Nos. 1 through 3 located within the above rearrangement project zone, but became eligible for cash settlement because they did not file an application for parcelling-out within the period for application for parcelling-out, and possessed each real estate indicated in the separate sheet.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Assertion and determination

(a) The main sentence of Article 81(1) of the Urban Improvement Act provides that owners, persons holding rights, such as owners, superficies, persons having chonsegwon, leasers, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of transfer when a management and disposal plan is publicly notified;

Examining the above facts in light of the content of the aforementioned statutes, the Defendants are obligated to deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff, except in extenuating circumstances.

B. As to the Defendants’ assertion, Defendant C is unable to comply with the Plaintiff’s claim until a reasonable compensation is made, since the amount of compensation for expropriation below the market price is calculated and the freedom of residence is restricted.

If the executor of the housing redevelopment rearrangement project deposits the compensation for losses as prescribed by the ruling of expropriation by the competent Land Tribunal, the compensation for losses under Article 81 (1) 2 of the Act shall be deemed to have been completed.