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(영문) 서울북부지방법원 2019.04.26 2018가단13704

건물인도

Text

1. The Defendant shall deliver to the Plaintiff the 2nd floor of 155.72 square meters and 155.72 square meters of 3rd floor among the real estate listed in the attached list.

2...

Reasons

1. The following facts are acknowledged in light of the overall purport of the pleadings in the descriptions of Gap evidence 1 to 3, Gap evidence 5-3, and Gap evidence 9-3:

A. The Plaintiff is a housing redevelopment and rearrangement project association whose business area covers the Seoul Northern-gu Seoul Metropolitan Government C Group pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The real estate listed in the attached list (hereinafter “instant building”) is located within the above business area. The Defendant leased and occupied the part indicated in the main text of the instant building.

B. On January 12, 2018, the head of Gangnam-gu Seoul Metropolitan Government authorized and publicly announced the Plaintiff’s management and disposal plan, and the Plaintiff deposited the business compensation for the Defendant on October 12, 2018 following the Seoul Metropolitan City Local Land Tribunal’s ruling of expropriation.

2. According to the above facts, the defendant is obligated to deliver the part of the building in this case leased to the plaintiff who acquired the right to use and benefit from the previous building by obtaining authorization and public notification of the management and disposal plan under the Urban Improvement Act and completing compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

3. If so, the plaintiff's claim of this case is reasonable and acceptable.