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(영문) 서울남부지방법원 2017.07.11 2016가단252892

부동산인도 청구의 소

Text

1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet, and from February 11, 2017, as above.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Improvement Project Association established around January 13, 2010 after obtaining authorization from the head of Yeongdeungpo-gu Office for the establishment of a housing redevelopment project on January 13, 2010 in order to implement housing redevelopment project on the land size of 73,606 square meters in Yeongdeungpo-gu

B. The Plaintiff was authorized to implement the project on August 2012 by the head of Yeongdeungpo-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On the 30th of the same month, the authorization was publicly announced in the Official Gazette.

After that, the plaintiff received an administrative disposition plan around October 2015, and at that time publicly notified in the official bulletin of the administrative disposition plan.

C. Defendant B is the owner of the real estate listed in the separate sheet, and Defendant C and D are the persons listed in the same list.

The lessee of the real property in paragraphs (1) and (l) shall possess each corresponding part of the order.

The Plaintiff deposited the compensation for losses on February 10, 2017 with Defendant B as the principal deposit in accordance with the judgment rendered by the Seoul Special Metropolitan City Local Land Tribunal on December 23, 2016.

The commencement date of expropriation prescribed by the above ruling is February 10, 2017.

E. On February 11, 2017, the monthly rent is KRW 1,062,60 when real estate is leased without a deposit, as indicated in the separate sheet owned by Defendant B.

[Ground of Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 14 (including each number), the result of this court’s entrustment of appraisal of fees to appraiser F, the purport of the whole pleadings

2. Determination

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when a notice of approval of a management and disposal plan is given in relation to an urban rearrangement project, the owner, lessee, etc. of the previous land or building may not use or benefit from the land or building, and the project implementer may use or benefit from the land or building. According to the above facts, the defendants are obligated to deliver each of the parts indicated in the

In addition, on February 11, 2017, the following day after the plaintiff deposited the compensation under the expropriation ruling.