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(영문) 서울북부지방법원 2019.05.15 2018가단138177

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including each number), the plaintiff is obligated to deliver each of the real estate of this case to the plaintiff who acquired the right to use and benefit from each of the real estate of this case in accordance with the public notice of the authorization of the management and disposal plan of this case, as a cooperative established to implement the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment Project on March 2, 2017 (hereinafter referred to as the "management and disposal plan of this case"). Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff who acquired the right to use and benefit from each of the real estate of this case

In regard to this, the defendant's expropriation ruling by the local land expropriation committee of Seoul Special Metropolitan City (hereinafter "the expropriation ruling of this case") has any defect in the real estate stated in paragraph (1) of the attached Table among each real estate of this case, and thus, the plaintiff cannot respond to the plaintiff's request. However, in full view of the purport of the whole pleadings, the fact that real estate stated in

The defendant's above assertion is without merit.

In addition, the defendant agreed with the plaintiff to receive the Seongbuk-gu Seoul Metropolitan Government D land as a substitute soil, so the defendant cannot be deemed to be a person subject to the expropriation ruling of this case, and thus, the adjudication of this case is unlawful. However, the defendant's assertion is insufficient to recognize the agreement of the defendant, and there is no other evidence to recognize it. Thus, the above argument of the defendant is without merit without examining further.

In addition, the defendant made a reasonable compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Public Works Act") on the ground that there is a defect in which each real estate of this case was not properly compensated due to excessive circumstances that it is a religious facility.