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(영문) 대구지방법원 2020.11.17 2020가단116118

건물인도

Text

The Defendants jointly deliver to the Plaintiff the real estate stated in the attached list.

The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant project”) whose project area covers 71,232m2 in Daegu-gu, Daegu-gu, Seoul-gu, and completed the registration of incorporation on September 16, 2015 after obtaining authorization for establishment from the head of the Daegu-gu Dong-gu, Seoul-gu, the head of the Gu on August 21, 2017.

B. On September 12, 2018, the Plaintiff obtained the approval from the head of Daegu Metropolitan City Dong-gu, the project implementation plan of the instant project, and the said approval was announced on September 20, 2018, and was announced on January 20, 2020. The approval was issued on September 23, 2019, and the said approval was announced on September 30, 2019.

C. The Defendants are the owners of real estate listed in the attached list in the project implementation district of the instant project (hereinafter “instant real estate”), who do not apply for parcelling-out within the period of application for parcelling-out. D.

On February 20, 2020, the Plaintiff filed an application for adjudication of expropriation, and on May 27, 2020, the Daegu Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation to expropriate the instant real estate on July 15, 2020 (hereinafter referred to as “instant adjudication of expropriation”) with the starting date of expropriation as of July 15, 2020.

E. On July 1, 2020, the Plaintiff deposited KRW 1,926,775,720 as compensation for the instant real estate under the instant confinement ruling with the Defendants as deposited money in this court No. 3964 in 2020, and deposited KRW 222,250,000 as compensation money under the instant confinement ruling with the Defendant as deposited money in this court No. 3904 in 2020, the Plaintiff deposited KRW 2,15,468 as compensation money under the instant confinement ruling with the Defendant as deposited money in this court No. 4293 in 2020.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-9 (including virtual numbers), the purport of the whole pleadings

2. Determination Act.