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(영문) 서울북부지방법원 2021.01.15 2020가단107039
건물인도
Text

The defendant shall deliver to the plaintiff the real estate indicated in the attached Form. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff obtained authorization for the establishment of the partnership from the head of Dongdaemun-gu Office on December 3, 2008 for the purpose of implementing the housing redevelopment and improvement project for the Dongdaemun-gu Seoul Dongdaemun-gu Seoul Housing Group (hereinafter “instant improvement project”).

B. The Plaintiff was authorized by the head of Dongdaemun-gu to implement the project on October 26, 2017 by the head of Dongdaemun-gu, and the approval of the management and disposal plan on October 4, 2019 by the head of Dongdaemun-gu. The head of Dongdaemun-gu notified the management and disposal plan on October 4, 2019.

(c)

The Defendant is the owner of the attached real estate indicated in the instant improvement project zone (hereinafter “instant real estate”), and the Plaintiff applied for a ruling on expropriation to the local land expropriation committee for the owners of real estate in the instant improvement zone including the Defendant. On March 27, 2020, the said expropriation committee calculated compensation for losses to the cash clearing agents within the instant improvement project zone including the Defendant, and made a ruling on the commencement date of expropriation on May 15, 2020.

(d)

On May 11, 2020, the Plaintiff offered actual compensation to the Defendant, but the Defendant refused to receive it, deposited KRW 1,125,498,810 (including late additional charges) for the Defendant’s loss compensation in accordance with the above confinement ruling (Seoul Northern District Court No. 2007 of 2020).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including various numbers if there are several numbers) and the purport of the whole pleadings

2. According to Article 81(1) of the Act on the Maintenance of Urban Areas and Residential Environments (hereinafter “Act”) regarding the cause of the claim, when a public announcement of the approval of a management and disposal plan concerning a redevelopment project is given, the right holder, such as the owner, lessee, etc. of the previous land or building, cannot use the previous land or building or profit therefrom until the public announcement of relocation under Article 86 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents is made, and the redevelopment association, as the project implementer, can use or profit from the said building (see Supreme Court Decision 201Da10068, May

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