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(영문) 서울중앙지방법원 2020.12.24 2019가단5312022

건물인도

Text

1. The Defendants shall deliver each of the obstacles to the entries in the separate sheet to the Plaintiff.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a co-project implementer of the E public housing zone project in Gangnam-gu Seoul, Seoul and 386,390 square meters (hereinafter “instant project”); on June 29, 2016, the said zone was designated and publicly notified by the Minister of Land, Infrastructure and Transport as a public housing zone pursuant to Article 6 of the Special Act on Public Housing.

B. The Plaintiff completed the registration of transfer of ownership on November 14, 2018 with respect to the land of Gangnam-gu Seoul Metropolitan Government FF 761 square meters (hereinafter “instant land”) located in the instant project district on the ground of an agreement on the acquisition of public land.

C. The Defendants jointly possess a vinyl of 105 square meters (hereinafter “the instant vinyl”) in the part of the ship (A) connected in sequence of each point of Section 1, 2, 3, 4, and 1 of the annexed drawings on the ground of the instant land.

On May 9, 2019, the Central Land Tribunal rendered a ruling of expropriation of the instant vinyl, etc. on July 3, 2019 with respect to the instant project on the date of expropriation as of the date of July 3, 2019. Accordingly, on June 26, 2019, the Plaintiff deposited KRW 2,932,00 as the depositee, KRW 9,010,000 as the depositee for Defendant B, and KRW 6,263,000 as the compensation depositee for Defendant C on June 27, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendants may recognize the fact that they continue to occupy the greenhouse of this case even after the compensation for the greenhouse of this case was completed. Thus, the Defendants are obligated to deliver each of the instant vinyl houses to the Plaintiff, barring any special circumstances.

B. As to this, the Defendants are entitled to use and benefit from the instant plastic houses as before, on the grounds that the Plaintiff did not establish relocation measures and the compensation procedure for the relocation expenses remains.

Therefore, the plaintiff's claim of this case is unreasonable.