(영문) 서울서부지방법원 2017.03.22 2016가합35734

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.03.22 2016가합35734

건물명도

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the attached list 1 and 2.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant project”) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The Plaintiff was authorized to establish an association on April 29, 2008, and completed the establishment registration on the same day.

The instant project was approved and publicly notified on June 30, 2016.

B. The Defendant is the owner and occupant of each real estate listed in the separate sheet Nos. 1 and 2 located in the instant business area.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2-1, 2-2, 3, 7-3, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant lost the right to use and benefit from each real estate listed in the separate sheet pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Thus, the project implementer of this case has a duty to deliver the above real estate to the plaintiff

B. As to this, the defendant asserts that he cannot respond to the plaintiff's claim until the compensation for loss related to the above real estate is completed.

However, if the purport of the entire pleadings is added to the statements in Gap 8 and 9, the plaintiff was adjudicated by the local Land Tribunal of Seoul Special Metropolitan City on January 20, 2017 on expropriation of the above real estate as of March 10, 2017, and deposited the amount equivalent to the above compensation in the defendant's future on March 2, 2017. The compensation for losses against the defendant was completed due to this deposit.

(see, e.g., Supreme Court Decision 2012Da40097, Aug. 22, 2013). The Defendant’s above assertion is without merit.

3. Therefore, the defendant is obligated to deliver each real estate listed in the separate sheet Nos. 1 and 2 to the plaintiff.

The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

참조조문

-도시 및 주거환경정비법 제49조 제6항

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