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(영문) 서울서부지방법원 2017.02.09 2016가합1472

부동산인도등

Text

1. The Plaintiff, Defendant B, each real estate listed in the separate sheet Nos. 1 and 2, and Defendant C, respectively, are listed in the separate sheet Nos. 3 and 4.

Reasons

1. Claim against the defendant B

(a) Facts under the basis of facts may be found either in dispute between the parties or in each entry in Gap evidence Nos. 1, 2, 5, 6, and 9 (including branch numbers; hereinafter the same shall apply), with a comprehensive view to the whole purport of the pleadings;

1) The Plaintiff’s Act on the Improvement of Urban and Residential Environments (hereinafter “Urban Improvement Act”).

according to the Seoul Western-gu Seoul Western-gu D Housing Redevelopment Project (hereinafter referred to as the “instant rearrangement project”)

(2) The Defendant B was the Plaintiff’s member, who owned the real estate listed in the separate sheet Nos. 1 and 2 within the instant rearrangement project zone and the real estate listed in the separate sheet Nos. 3 and 4 within the said zone.

B. 1) Meanwhile, the Plaintiff received the application for parcelling-out from the members of the Plaintiff around April 2015, and the Defendant B was classified as an object of cash settlement pursuant to Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents since it did not apply for parcelling-out. 2) Accordingly, on August 12, 2016, each of the real estate listed in Articles 1 and 2 of the attached Table 1 and 2 owned by the Defendant was accepted on August 12, 2016. On August 10, 2016, the Plaintiff deposited KRW 53,638,690, which was the amount of the ruling for expropriation against the said Defendant under this Court’s Ordinance of 2016.

B. According to the above facts of recognition, pursuant to Article 45(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Plaintiff acquired the ownership of each real estate listed in attached Tables 1 and 2 owned by the Defendant B on August 12, 2016, which is the date of expropriation, and the said Defendant has a duty to deliver each of the above real estate to the Plaintiff as a legitimate owner.

2. Claim against Defendant C

A. Defendant C, the cause of the claim, owns each real estate listed in the separate sheet Nos. 3 and 4 within the instant rearrangement project zone, and the Plaintiff is Seoul Special Metropolitan City.