logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.08.31 2018가단220035
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet No. 1;

B. Defendant Ciplomatic Association shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that obtained approval for establishment from the head of Yangcheon-gu Seoul Metropolitan Government on April 15, 2009 to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Defendant B owns the real estate listed in the attached Table 1 list in the Plaintiff’s business area, and Defendant C church (hereinafter “Defendant church”) owns real estate listed in the attached Table 2 list in the Plaintiff’s business area.

The defendants have possessed each of the above real estate as a person subject to cash liquidation who has not filed an application for the application for parcelling-out of redevelopment housing up to now.

C. On January 26, 2018, the Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with the Defendants on compensation for losses. On April 13, 2018, the local Land Tribunal of Seoul Special Metropolitan City (Local Land Tribunal) rendered a ruling of expropriation on the commencement date of expropriation.

On April 2, 2018, the Plaintiff deposited the Defendants as deposited and deposited KRW 38,948,690 to Defendant B as compensation for losses under the above confinement ruling, and KRW 36,117,580 to Defendant church on April 3, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan under the aforesaid Act is authorized and publicly announced and compensation for losses arising from the expropriation of land, etc. is completed, profit-making by a right holder, such as the owner, lessee, etc. of the previous land or buildings within the project implementation district, shall be suspended and a project implementer may use and benefit from such land

Considering the above facts in light of the above legal provisions, the management and disposal plan for the housing redevelopment project has been authorized and publicly notified, and the plaintiff deposits the compensation following the adjudication of expropriation.

arrow