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(영문) 서울북부지방법원 2020.02.18 2019가단128375
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the attached Table 3;

B. Defendant C shall be listed in the attached Table 5.

Reasons

1. Facts of recognition;

A. On July 19, 2010, the Plaintiff obtained authorization from the head of Seongbuk-gu Office to establish the Seongbuk-gu Seoul Metropolitan Q Q Il as a business area under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and on housing redevelopment projects within the business area, the management and disposal plan was approved on August 30, 2018 and announced on September 6, 2018.

B. K (attached Form 2) and Defendant B (attached Form 3) who are the owners of the buildings located within the said project implementation district did not apply for parcelling-out, and Defendant C, D, and E leased and reside in the relevant part of the building located within the said project implementation district, respectively.

C. Meanwhile, on June 5, 1984, K died and succeeded to Defendant F, G, H, I, J, K, L, M, N,O, and P.

[Reasons for Recognition] Defendant C, D, E, F, G, H, I, J, K, L, M, N,O, and P: Each entry, the whole purport of the arguments, and the whole purport of the arguments, as set forth in Article 150 (Voluntary Confession) of the Civil Procedure Act

2. Determination

A. According to the above acknowledged facts, the Defendants are obligated to deliver the pertinent part of the housing indicated in the separate sheet to the Plaintiff, respectively.

B. As to the Defendants’ assertion, Defendant B asserted that the Plaintiff’s claim filed on the premise of the adjudication of expropriation did not meet the requirements as a claim for future performance, and Defendant B did not receive housing relocation expenses, etc. from the Plaintiff, and thus, the claim for delivery of the building against Defendant B is groundless. However, according to the evidence No. 8, the Plaintiff’s claim for expropriation of the building against the Defendant B may be acknowledged as having deposited KRW 1,238,157,500 of the Seoul Special Metropolitan City Regional Land Tribunal’s compensation pursuant to the adjudication of expropriation rendered on September 19, 2019 by designating the deposited person as Defendant B as the deposited person on July 26, 2019, and since the project implementer’s obligation to pay housing relocation expenses, director expenses, etc. to the resident of the residential building and obligation to deliver real estate between the occupant and the user of the residential building who has received the compensation and the obligation to deliver real estate.

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