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(영문) 서울북부지방법원 2019.12.13 2019가단111681
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of the arguments in the descriptions of evidence Nos. 1, 2, 2, 3, and 4-4, 5, 5, and 6.

A. The Plaintiff is a housing redevelopment and rearrangement project association that sets the Dongdaemun-gu Seoul Metropolitan Government E Group as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). Each real estate listed in the separate sheet is located in the above project district, and the Defendants are the owners of each real estate

B. On May 10, 2018, the head of Dongdaemun-gu publicly announced the management and disposal plan of the Plaintiff on the same day.

C. On December 14, 2018, the Plaintiff deposited KRW 1,460,60,580 for Defendant B’s compensation for losses and KRW 477,216,470 for Defendant C according to the Seoul Special Metropolitan City Regional Land Tribunal’s ruling of expropriation on October 26, 2018.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver to the Plaintiff, who acquired the right to use or benefit from the previous structure, the real estate owned by the Defendants, by obtaining authorization and public notice of the management and disposal plan under the Urban Improvement Act, and completing compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

B. First of all, the above defendant B's argument that the above defendant could not perform his duty of transferring real estate against the plaintiff since the appeal procedure against the acceptance ruling was in progress due to the lack of adequate compensation.

Where the executor of housing redevelopment improvement project deposits compensation for losses prescribed by the adjudication of expropriation by the competent Land Tribunal, it shall be deemed that the compensation for losses under the Land Compensation Act has been completed, and an objection against the adjudication of expropriation or administrative litigation shall be filed.

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