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(영문) 서울서부지방법원 2019.12.20 2019가단224750
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. The Plaintiff is a housing redevelopment project association (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 to implement a housing redevelopment project (hereinafter “instant redevelopment project”) on the scale of 110,773 square meters in Eunpyeong-gu Seoul Metropolitan Government, which obtained approval from the head of Eunpyeong-gu, Seoul Metropolitan Government for the establishment of a housing redevelopment project and completed registration of the establishment on December 29, 201.

From January 30, 2018, the Defendant owned and possessed the real estate in the attached list (hereinafter “instant real estate”) located within the instant redevelopment project zone, and from January 30, 2018 to 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.

B. On May 23, 2019, the Plaintiff received the approval of 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.

C. On September 25, 2019, the Plaintiff filed an application for a ruling of expropriation with the Defendant, which did not reach an agreement with the competent local Land Tribunal on the compensation for losses, received a ruling of expropriation on November 15, 2019 with regard to the instant real estate from the date of commencement of expropriation by the local Land Tribunal of Seoul Special Metropolitan City. On November 5, 2019, the Plaintiff deposited all compensation for losses (land compensation, obstacles compensation, and additional charges) for the instant real estate under the said ruling of expropriation with the Defendant as the depositee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, 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 Grounds for Claims, right holders, such as owners, superficies, persons having superficies, persons having chonsegwon, leasers, etc. of the previous land or buildings, shall not use or benefit from the previous land or buildings 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”) has not been completed.

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