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(영문) 서울서부지방법원 2016.10.28 2015가단244602
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

Comprehensively taking account of the descriptions in Gap 1 through 6, the plaintiff is a housing redevelopment and rearrangement project association established to implement the housing redevelopment and rearrangement project for the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government District Project District. The plaintiff was subject to the management and disposal plan under Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on December 8, 2014. The head of Mapo-gu announced it on March 12, 2015. The building listed in the separate list is located in the project area and the defendant is owned, the fact that the local Land Tribunal made an expropriation ruling on January 29, 2016, and the fact that the plaintiff deposited KRW 473,646,490 according to the above expropriation ruling on March 11, 2016. Thus, the defendant is obligated to deliver to the plaintiff a building listed in the separate list pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

Although the Defendant asserted that the compensation procedure had not been completed since it filed an objection against the above ruling of expropriation, the Defendant cannot be deemed to have completed the compensation procedure on the ground that the Defendant filed an objection or administrative litigation against the ruling of expropriation. Therefore, the above assertion is rejected.

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