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(영문) 서울서부지방법원 2015.09.23 2015가단220897
건물명도
Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established for the purpose of improving the residential environment and improving the quality of residential life of its members by removing buildings within 66,094 square meters in Eunpyeong-gu Seoul Metropolitan Government, and constructing new buildings on the site. The Defendant is the owner and occupant of the real estate listed in the attached Table of the said improvement project zone (hereinafter “instant real estate”).

Plaintiff

The Cooperative was publicly notified by the head of the Bupyeong-gu Office on November 27, 2014.

B. The Defendant became a person subject to cash settlement under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents because the Plaintiff did not apply for sale.

The plaintiff applied for expropriation ruling to the local Land Tribunal of Seoul Special Metropolitan City as the defendant, who is subject to cash settlement, did not reach an agreement on the sale of the real estate in this case.

C. On April 24, 2015, the Expropriation Committee rendered a ruling of expropriation on June 12, 2015, setting the date of commencement of expropriation on the instant real estate.

The adjudication amount determined by the above expropriation committee (compensation) is KRW 414,286,450.

The plaintiff paid real estate delivery method, time, and compensation determined by the above confinement committee to cash clearing agents, including the defendant, and sent a document explaining these contents in order to meet the requirements for deposit if it is difficult to pay.

E. After receiving the above guidance document, the Defendant, who wants to receive compensation in cash more promptly than other persons, had visited the office of the Plaintiff’s association and consulted on this issue.

As a result, as of May 18, 2015, the Plaintiff prepared a written agreement specifying the method and time of the payment of the above compensation, and the method and time of the delivery of the instant real estate.

hereinafter “instant agreement”.

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