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(영문) 서울서부지방법원 2020.03.11 2019가단224149
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project association under the Eunpyeong-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant redevelopment project”) in order to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 1, 201, after obtaining approval from the head of Eunpyeong-gu Seoul Metropolitan Government for the establishment of a housing redevelopment project on December 29, 201.

B. From January 30, 2018, the Defendants owned (each of 1/2 shares co-ownership) and possessed real estate listed in the separate sheet (hereinafter “instant real estate”) within the instant redevelopment project zone, and possessed the same year.

3. A person who loses the status of the Plaintiff’s member because he/she did not file an application for parcelling-out during the period of application for parcelling-out.

C. On May 23, 2019, the Plaintiff received an approval for the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette on the same day.

On November 22, 2019, the Plaintiff filed an application for a ruling of expropriation with the Defendants on the compensation of losses, and received a ruling of expropriation with respect to the instant real estate from the local Land Tribunal of Seoul Special Metropolitan City on January 10, 2020. On January 2, 2020, the Plaintiff deposited all compensation for losses (land compensation, obstacle compensation, delay additional charges) for the instant real estate in accordance with the said ruling of expropriation with the Defendants as depositee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of Urban Improvement, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan.

However, compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act") shall be completed.

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