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(영문) 서울동부지방법원 2020.06.26 2019가단140171
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. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of statements and arguments set forth in subparagraphs 1 through 4 (including household numbers), the Plaintiff is a cooperative established to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which was granted authorization from the head of Seongdong-gu on November 16, 2007 from the head of Seongdong-gu, and was granted authorization for the implementation of the project on January 12, 2017, and was publicly notified around that time upon receipt of the management and disposal plan on July 6, 2018; the Defendant is the owner of the real estate in the attached list (hereinafter “instant real estate”); the Defendant was made on May 31, 2019 by the Land Tribunal of Seoul (the date of commencement of expropriation); and the Plaintiff paid compensation for losses to the Defendant on July 11, 2019.

In addition, Article 81 (1) of the Urban Improvement Act provides that a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use the previous land or building or benefit therefrom by the date of the public announcement of transfer under Article 86, if the public notification of the management and disposal plan is made under Article 78 (4).

According to the above facts, the defendant has a duty to deliver the above real estate to the plaintiff, since he lost the right to use and benefit from the real estate in accordance with the plaintiff's management and disposal plan notice

B. The defendant asserts that some members, including the defendant, are unable to comply with the plaintiff's claim because he/she is dissatisfied with the adjudication of the Land Tribunal and is preparing a lawsuit to nullify the establishment of the association. Therefore, if the payment or deposit of compensation is completed in accordance with the adjudication of the Health Unit and the Local Land Tribunal, the objection procedure or administrative litigation against the compensation is different.

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