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(영문) 서울중앙지방법원 2020.12.10 2019가단5307402
건물인도
Text

1. The defendant shall be the plaintiff.

(a) Attached 1 drawings on the land of 7,764m2 in Gangnam-gu Seoul, Seoul, shall be indicated as follows: (1), (2), (3), (4), and (1) respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is the project implementer of the Gangnam-gu Seoul Metropolitan Government F District Project for D and E (hereinafter “instant project”), and the said district was designated and publicly notified by the Minister of Land, Infrastructure and Transport as the F District pursuant to Article 6 of the Special Act on Public Housing on June 29, 2016.

B. The Plaintiff completed the registration of ownership transfer on October 24, 2018 with respect to one-fourth portion of the 1,182 square meters of Gangnam-gu Seoul Metropolitan City 7,764 square meters in the instant project district on October 24, 2018; and on October 31, 2018 with respect to the remaining three-fourths of the 1,182 square meters, on November 12, 2018.

C. The Defendant occupies the following: (a) an indication of an annex 1 drawing on the land of 7,764 square meters in Gangnam-gu, Seoul; (b) (c); (d) an obstacle on the 11 unit of a plastic house installed on the ground of 825 square meters in succession with each point; and (c) an obstacle on the attached list 3 attached thereto, which is located on the 1,182 square meters in the inside of a plastic house (Ga) connected with each point; and (d) an indication of an annex 2 drawing on the ground of 1,182 square meters in Gangnam-gu, Seoul; and (b) a plastic house installed on the ground of 825 square meters in succession with each point (hereinafter “each of the instant plastic houses and obstacles”).

On May 9, 2019, the Central Land Tribunal rendered a ruling on each of the instant greenhouses and obstacles in relation to the instant project as of 26,795,00 won for compensation, and on July 3, 2019 for the commencement date of expropriation, and the Plaintiff deposited the compensation set forth in the said ruling with the Defendant.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. According to the above facts, inasmuch as each of the instant plastic houses and obstacles was completely compensated, barring any special circumstance, the Plaintiff, a project operator, acquired the ownership of each of the instant plastic houses and obstacles on July 3, 2019, which is the starting date of expropriation, and is obliged to deliver them to the Plaintiff, barring any special circumstance.

B. As to this, the defendant did not establish the living measures of the plaintiff.

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