건물인도
A. Defendant B received KRW 20,000,000 from the Plaintiff, and at the same time, acquired real estate listed in the attached Table 1 from the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment project association which obtained approval from the head of Yongsan-gu Seoul Metropolitan Government on June 17, 201 to implement an urban improvement-type redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on a parcel of approximately 6,122.7 square meters outside the Yongsan-gu Seoul Metropolitan Government.
B. Each real estate listed in the separate sheet is located within the instant redevelopment project zone, and Defendant B used the real estate listed in the separate sheet No. 1 for each business on lease deposit amounting to KRW 20 million, Defendant C’s real estate listed in the separate sheet No. 2 for KRW 50 million, Defendant D’s deposit amounting to KRW 30 million, and Defendant E used the real estate listed in the separate sheet No. 4 for lease deposit amounting to KRW 20 million.
(hereinafter referred to as the “each of the instant real estates,” which the Defendants possess.
On December 10, 2019, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette on December 13, 2019.
On July 24, 2020, the Plaintiff filed an application for a ruling of expropriation with the Defendants on the compensation of losses, and received a ruling of expropriation on September 11, 2020 with respect to each of the instant real estate from the local Land Tribunal of Seoul Special Metropolitan City on the commencement date of expropriation. On August 14, 2020, the Plaintiff deposited all the compensation for the instant real estate under the said ruling of expropriation with the Defendants as the depositee.
E. From August 31, 2020 to September 3, 2020, the Defendants issued and delivered each written confirmation confirming that each of the above lease deposits between the lessor and the lessor of each of the instant real estate should be deposited into the account designated by the lessee on the date of directors.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The argument and judgment.