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(영문) 서울남부지방법원 2017.09.29 2017가합101622
건물명도(인도)
Text

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

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is the Plaintiff’s housing redevelopment improvement project (hereinafter “instant rearrangement project”) that has a project implementation district of the Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government 73,606m2 as a project implementation district.

(2) In order to implement the instant rearrangement project, the Defendant owned 3/10 of the shares of the real estate indicated in the separate sheet (hereinafter “instant real estate”) located within the implementation zone of the instant rearrangement project.

B. The Plaintiff was authorized to establish an association on January 13, 2010 by the head of Yeongdeungpo-gu Seoul Metropolitan Government, and the authorization for project implementation on August 27, 2012, and the head of Yeongdeungpo-gu Seoul Metropolitan Government approved and publicly notified the management and disposition plan on the instant rearrangement project on October 29, 2015.

C. The Plaintiff filed an application for adjudication of expropriation of the instant real estate and deposit of the Plaintiff’s compensation for losses) with the owners within the implementation zone of the instant rearrangement project including the Defendant who became subject to cash settlement because it did not file an application for parcelling-out within the period of application for parcelling-out and agreed on the liquidation money. On January 20, 2017, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication of expropriation ordering the payment of compensation for losses (as of the commencement date of expropriation, March 10, 2017). Accordingly, on March 10, 2017, the Plaintiff deposited KRW 475,298,990, the full amount of compensation for losses, as the deposit account, with the Seoul Southern Southern District Court No. 20174, 2017.

The Defendant possessing the instant real estate occupies the instant real estate not later than the date of closing the argument in this case.

[Service by public notice based on recognition] Judgment (Article 208 (3) 3 of the Civil Procedure Act)

2. Determination as to the cause of action

A. When a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is publicly announced, the former is in accordance with the main sentence of Article 49(6)

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