logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.06.20 2016가단254737
부동산인도 청구의 소
Text

1. The Plaintiff:

A. Defendant B: (a) deliver the real estate listed in the [Attachment A] List, and (b) from February 11, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the size of 73,606.7 square meters in Yeongdeungpo-gu Seoul Metropolitan Government as a project implementation district. On October 29, 2015, the Plaintiff received an approval of the management and disposal plan under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and publicly notified the same on the same day.

B. Defendant B is a separate list located within the project implementation district.

Defendant C is the owner of the real estate stated in the paragraph, and Defendant C is listed in attached Form B.

A lessee of the real estate mentioned in the paragraph shall possess each relevant part indicated in the text.

C. The Plaintiff deposited KRW 581,418,480 on February 10, 2017 in accordance with the Seoul Special Metropolitan City Local Land Tribunal’s ruling on December 23, 2016.

The commencement date of the expropriation stipulated in the above ruling is February 10, 2017.

Defendant B shall be in accordance with the attached list A up to now.

The amount equivalent to the monthly rent for the above real estate is KRW 1,071,989.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, 9 (including each number in case of provisional number), Gap evidence 14-2, and Gap evidence 15-5, the result of entrustment of appraisal of rent to appraiser E, the purport of the whole pleadings]

2. Determination

A. 1) According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when a public announcement of approval of a management and disposal plan is made in an urban rearrangement project, the owner of the previous land or building, a lessee, etc. may not use or profit from the land or building, and the project implementer may use or profit from the land or building. According to the above facts of recognition, the Defendants are obligated to deliver each corresponding part as indicated in the order to the Plaintiff. 2) Defendant B is obligated to deliver the compensation under the expropriation ruling from February 11, 2017, after the Plaintiff deposited the compensation.

Attached list A until the completion date of delivery of the real estate stated in the paragraph.

1. The amount equivalent to the monthly rent due to the return of unjust enrichment from the possession and use of the real estate mentioned in the subsection.

arrow