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(영문) 서울서부지방법원 2016.08.12 2016가단214028

건물명도

Text

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

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

3.

Reasons

1. Basic facts

A. The president of Mapo-gu authorized the Plaintiff’s management and disposal plan established for a housing redevelopment project on December 8, 2014, and announced it on March 12, 2015.

B. The Defendant, who is a person subject to cash settlement, owns buildings listed in the annexed real estate list within the rearrangement zone where the Plaintiff implements the project.

[Evidence Evidence: Facts without dispute, Gap evidence Nos. 2, 3, and 4, the purport of the whole pleadings]

2. According to the above findings of the determination as to the cause of the claim, the plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

() As a project implementer under Article 48-2 (1) of the Act, an existing building in the project site shall be removed in accordance with the management and disposal plan authorized by the project implementer, and the defendant is unable to use or profit from the previous building pursuant to Article 49 (6), and the project implementer has a duty to deliver the pertinent building to the plaintiff who lawfully acquired the right to use or benefit from the building, except in extenuating circumstances.

(See Supreme Court Decision 2009Da53635 Decided May 27, 2010). Accordingly, the Defendant asserts that the Defendant may not deliver the settlement money, the cost of moving a house, the cost of moving a house, or the cost of moving a house shall be paid first, or simultaneously with the delivery of real estate, until completing due compensation.

However, according to the evidence evidence Nos. 5 and 6, the Plaintiff, as of January 29, 2016, was sentenced to the expropriation ruling with the date of commencement of expropriation set by the local Land Tribunal of Seoul Special Metropolitan City as of March 18, 2016, and deposited KRW 492,657,200 as of March 16, 2016 with the Seoul Western District Court No. 1153 for the year 2016.

We do not accept the defendant's assertion and accept the plaintiff's claim.