beta
(영문) 서울남부지방법원 2016.12.21 2016가단221157

건물명도

Text

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

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government as a project implementation district.

B. The Plaintiff received the authorization for project implementation on December 21, 2009 from the head of Yangcheon-gu Seoul Metropolitan Government, and the authorization for the management and disposal plan under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), respectively, on December 10, 2015, and around that time, the management and disposal plan was

C. The Defendant is the owner of the real estate indicated in the attached list located in the project implementation district (hereinafter “instant real estate”), who has not filed an application for parcelling-out. D.

With respect to the instant real estate, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not reach an agreement on the compensation for losses with the Defendant. On September 30, 2016, the said Committee decided the commencement date of expropriation on November 18, 2016, and the compensation for losses for the Defendant was KRW 166,370,850, and the Plaintiff deposited the full amount of compensation for losses under the said adjudication of expropriation on November 9, 2016.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff is obligated to deliver the real estate of this case to the plaintiff, since the plaintiff, after the public notice of approval of the management and disposal plan was given, the defendant as the person to whom the management and disposal plan was approved and deposited the full amount of compensation for losses.

3. In conclusion, the plaintiff's claim of this case is justified. It is so decided as per Disposition by the assent of all participating Justices on the ground that the lawsuit of this case is to be assessed against each party in consideration of the circumstances surrounding the institution of this case and the