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(영문) 서울북부지방법원 2020.07.02 2019가합25541
부동산인도 등
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in paragraphs 1 and 2 of the annexed list of real estate;

B. Defendant C shall be attached hereto.

Reasons

1. Facts of recognition;

A. On September 6, 2011, the Plaintiff is a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) in the Seoul Jung-gu Seoul Central District. Defendant B is the owner of each real estate listed in paragraphs (1) and (2) of the attached list of real estate located within the said project area, who currently occupies the same. Defendant C is a lessee of the attached list 1, 2, 3, 4 and 13 square meters of the real estate listed in paragraph (2) of the attached list of real estate listed in paragraph (1) of the attached list of real estate and the first floor listed in paragraph (2) of the attached list of real estate.

B. On March 12, 2018, the Plaintiff received a management and disposal plan for the instant redevelopment project from the head of Jung-gu Seoul Metropolitan Government, and the head of Jung-gu, the head of Jung-gu publicly notified the management and disposal plan on March 15, 2018.

C. On April 26, 2019, upon the Plaintiff’s application for a ruling of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on each real estate listed in paragraphs (1) and (2) of the attached list of real estate owned by Defendant B (the date of commencement of expropriation is June 14, 2019).

On June 13, 2019, the Plaintiff deposited the full amount of KRW 441,613,660 as compensation for losses under the above confinement ruling with Defendant B as depositee.

(Seoul Northern District Court No. 2303. [Reasons for Recognition] Defendant B: The fact that there is no dispute, Gap evidence No. 1 through Gap evidence No. 111. The purport of the whole pleadings is as follows: Defendant C: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination on the cause of the claim

A. When the approval of the management and disposal plan stipulated in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the use and profit-making by the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer shall be able to use and profit-making from the former land or building.

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