logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.10.10 2019나34125
건물명도(인도)
Text

1. Revocation of the first instance judgment.

2. The defendant shall deliver to the plaintiff the building indicated in the attached list.

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in Eunpyeong-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant is the owner of the building indicated in the attached Table located in the said project area (hereinafter “instant building”).

B. The Plaintiff obtained authorization for the implementation of the project on August 2, 2012 from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) and authorization for the implementation of the project on June 26, 2014, respectively.

C. On June 30, 2014, the Plaintiff publicly announced the period for application for parcelling-out by setting the period for application for parcelling-out from July 7, 2014 to September 4, 2014, and publicly announced the application for parcelling-out on September 5, 2014 by extending the period for application for parcelling-out from September 5, 2014 to September 24, 2014, and the Defendant did not apply for parcelling-out during the said period.

On September 24, 2016, the Plaintiff resolved on a management and disposition plan at the general meeting of the association members (hereinafter “instant general meeting”), and obtained authorization for the management and disposition plan (hereinafter “instant management and disposition plan”) from the head of Eunpyeong-gu Office on May 4, 2017, and on the same day, the said management and disposition plan was publicly announced G in Eunpyeong-gu Seoul Metropolitan Government on the same day.

E. The management and disposal plan of this case is classified by the defendant as the object of cash settlement.

F. On July 27, 2018, the Plaintiff filed an application for adjudication of expropriation with the Defendant, and the Seoul Special Metropolitan City Regional Land Tribunal deposited KRW 127,879,420 on September 14, 2018, with the date of expropriation set as KRW 127,879,420 on the date of expropriation, and the compensation for losses was determined as KRW 127,879,420 on September 14, 2018.

G. The defendant currently occupies the building of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 11, and Eul No. 1 through 1.

arrow