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(영문) 서울서부지방법원 2017.02.14 2016가단226649
건물명도
Text

1. The defendant shall receive KRW 10,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap 1 through 5, Eul 1 and 2, it is recognized that the plaintiff is a housing reconstruction and improvement project association whose project implementation district covers one Seoul Mapo-gu Seoul Metropolitan Government C, the head of Mapo-gu Seoul Metropolitan Government approving the management and disposal plan on June 3, 2016 regarding the housing reconstruction project implemented by the plaintiff, and announced it on June 9, 2016, and that the defendant leased real estate in the attached list in the above project implementation district to KRW 10,00,000 from D and possessed it.

Comprehensively taking account of the above facts, pursuant to Articles 48-2(1), 49(6), and 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant is obligated to deliver the Plaintiff the real estate listed in the attached list to the Plaintiff at the same time as the Plaintiff received deposit KRW 10 million from the Plaintiff.

Although the defendant asserts that premium, facility costs, and business compensation should be received, the above argument shall not be accepted on the ground that the project implementer cannot claim the facility and business compensation, etc. in the housing reconstruction project for which the expropriation or use under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not premised.

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