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(영문) 서울북부지방법원 2020.01.09 2019가단120623
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

(a) The plaintiff: The defendant of the implementer of the A Housing Redevelopment rearrangement project: The owner of the real estate in the attached Form located within the project area;

B. Public announcement of approval for a management and disposal plan: March 30, 2017.

Adjudication on expropriation: March 22, 2019

Deposit of compensation for losses: May 10, 2019 (total amount of 692,206,550 won, etc. of land, buildings, etc.) (based on recognition), the fact that no dispute exists, entry of evidence Nos. 1, 3, 4, and 5, and the purport of the whole pleadings

2. The judgment of this Court

A. When the authorization of a management and disposal plan is publicly announced pursuant to Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the plan (see Supreme Court Decision 2009Da53635, May 27, 2010

Therefore, the Defendant, the owner of the real estate indicated in the attached Form, is obligated to deliver the real estate indicated in the attached Form to the Plaintiff, who is the project implementer of the instant project, as seen earlier.

The mere fact that the procedure for a ruling of objection is pending between the Plaintiff and the Defendant does not constitute a ground for rejecting the Plaintiff’s request for extradition of real estate.

(2) If the plaintiff's claim of this case is reasonable, it is so decided as per Disposition by the assent of all participating Justices on March 1, 200.

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