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(영문) 서울남부지방법원 2017.06.15 2016가단248114
부동산인도 청구의 소
Text

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

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Recognizing the facts of recognition as Gap's evidence 1 and 2, evidence 3-1, 2, Gap's evidence 4, 5, 6, Gap's evidence 7-1, and evidence 8-3

On January 8, 2010, the Plaintiff is a housing redevelopment and consolidation project association that has obtained approval for the establishment of an association from the head of Yeongdeungpo-gu Office under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant was the owner of the real estate listed in the attached Table (hereinafter “instant

B. On August 20, 2012, the Plaintiff obtained authorization from the head of Yeongdeungpo-gu Office of the Yeongdeungpo-gu Seoul Metropolitan Government as a project implementation district with the land size of 73,607.8 square meters including the instant real estate as the project implementation district. From October 26, 2012 to December 11, 2012, the Plaintiff formulated a management and disposal plan by receiving an application for parcelling-out from the members and formulated the management and disposal plan by receiving an application for parcelling-out from the members, and notified it on October 29, 2015. The Defendant became a person subject to cash settlement

C. The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal on December 23, 2016, because it did not reach an agreement with the Defendant on liquidation money, and the said Committee rendered a ruling on February 10, 2017 on the commencement date of expropriation. In accordance with the above ruling, the Plaintiff deposited KRW 1,086,375,90 to the Defendant on February 10, 2017.

2. Determination:

A. Article 49(6) main text of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects provides that “When the authorization for a management and disposition plan has been publicly announced, the owner, superficies, person having a right to the previous land or structure, such as the person having a right to the lease, shall not use or benefit from the former land or structure by the date of the public announcement of the relocation under Article 54.” Article 45 of the Act on the Acquisition of Land, etc. for Public Works Projects provides that “The project operator shall acquire the ownership of the land or structure at the

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