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(영문) 서울북부지방법원 2017.04.27 2016가단134997

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement of evidence Nos. 1 to 10 and evidence No. 1 to 10.

The plaintiff is a housing redevelopment and consolidation project association whose business area covers Seongbuk-gu Seoul Metropolitan Government Seoul pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the defendant is the owner and occupant of real estate listed in the attached list in the business area (hereinafter referred to as the "

B. The Plaintiff received authorization from the head of Seongbuk-gu Seoul Office to establish an association on April 27, 2010, and authorization to implement a project on November 26, 2013, respectively, and on March 18, 2016, the Plaintiff’s management and disposal plan was approved and announced on March 24, 2016.

C. Upon the Plaintiff’s request, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on October 28, 2016, with the commencement date of expropriation as of December 16, 2016. Accordingly, the Plaintiff deposited the full amount of compensation for losses determined by the said ruling with the Defendant as a depositee on December 8, 2016. On February 27, 2017, the Plaintiff deposited settlement funds, relocation expenses, and movable property transfer expenses with the Defendant as the depositee.

2. Determination

A. According to the above facts of determination as to the cause of claim, the plaintiff is the implementer and the defendant is the owner and the occupant of the real estate in this case within the rearrangement zone. If the management and disposal plan is authorized and publicly notified pursuant to Article 49(3) and (6) of the Act, the use and profit of the right holder, such as the owner and lessee of the previous building, etc. is suspended. Thus, the defendant is obligated to deliver the real estate in this case to the plaintiff who became entitled to use and profit from the above authorized announcement.

B. As to the defendant's assertion, the defendant did not receive the compensation for loss, and the defendant cannot accept the plaintiff's claim until he receives the resettlement funds, the relocation expenses, and the relocation expenses.

Modern, the plaintiff.