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(영문) 서울북부지방법원 2020.04.03 2019가단128344 (1)
건물명도(인도)
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. On July 19, 2010, the Plaintiff obtained authorization for the establishment of the association from the head of Seongbuk-gu Office for the purpose of implementing the Seongbuk-gu Seoul Housing Redevelopment Improvement Project (hereinafter “instant improvement project”) for the Seongbuk-gu Seoul House, and completed the establishment registration on July 21, 2010.

B. The Plaintiff received the authorization from the head of Seongbuk-gu Office to implement the project on July 14, 2016, and the authorization of the management and disposal plan on August 30, 2018, respectively, and the head of Seongbuk-gu publicly notified the management and disposal plan on September 6, 2018.

C. The Defendant is the owner of the real estate in the instant improvement project zone (hereinafter “instant real estate”). The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal for the owner of the real estate in the instant improvement zone, including the Defendant. On July 26, 2019, the said expropriation committee calculated compensation for losses for cash clearings within the instant improvement project zone including the Defendant, and determined the commencement date of expropriation as of September 27, 2019 and rendered adjudication of expropriation.

On September 19, 2019, the Plaintiff: (a) provided actual compensation to the Defendant; (b) refused to receive compensation; (c) deposited KRW 367,354,700 as compensation for the Defendant; and (d) on January 8, 2020, deposited KRW 13,583,690 in total as compensation for resettlement, relocation, and movable property transfer to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings

2. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a public notice of approval of a management and disposal plan concerning a redevelopment project is given, the right holder, such as the owner, lessee, etc. of the previous land or building, shall not use the previous land or building or make profits therefrom until the relocation public notice is given pursuant to Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The redevelopment

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