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(영문) 대구지방법원서부지원 2020.06.18 2019가합53277

건물인도

Text

1. The Plaintiff:

A. Defendant B shall provide each of the real estate listed in [Attachment I] 1 to 3 and each of the goods listed in paragraph 4.

Reasons

1. Basic facts

A. In order to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) that sets the scale of 76,424.8 square meters in Seo-gu, Daegu-gu as a project implementation district (hereinafter “instant project implementation district”), the Plaintiff is a housing redevelopment improvement project partnership, the establishment of which was approved by the head of the Gu on January 6, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the registration of incorporation was completed on January 20, 2015.

B. On June 12, 2017, the head of Seogu Metropolitan City authorizing the implementation of the instant rearrangement project, publicly announced the implementation of the project, and on September 21, 2018, approved the management and disposition plan on the instant rearrangement project, and publicly notified it on October 1, 2018.

(F) Seo-gu Seoul Metropolitan City Notice . (F)

Defendant B is located within the project implementation district of this case, each of the real estate listed in the separate sheet Nos. 1 through 3, Defendant C is located in the real estate listed in the separate sheet No. 2, and Defendant D is located in the previous owners of the real estate listed in the separate sheet No. 3 (hereinafter collectively referred to as “each of the above real estate”).

Each item listed in paragraph (4) of the attached list 1 is owned by Defendant B as an article attached to the building listed in paragraph (3) of the same list.

The Defendants occupy each of the instant real estate until now.

On June 25, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation of each of the instant real estate on August 9, 2019 on the commencement date of expropriation. Accordingly, on August 5, 2019, the Plaintiff deposited the total amount of compensation for expropriation determined by the said ruling of expropriation with the Defendants as depositee.

On August 27, 2019, the Plaintiff completed the registration of transfer of ownership with respect to each of the instant real estate on the grounds of the aforementioned expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of the claim.