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(영문) 서울북부지방법원 2017.04.18 2016가단134959
건물명도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet;

B. Defendant C is among the real estate listed in the separate sheet.

Reasons

1. Determination on the cause of the claim

A. (i) On April 27, 2010, the Plaintiff is a housing redevelopment and consolidation project association with the size of 107,165.5 square meters in Seongbuk-gu Seoul Seongbuk-gu Seoul Metropolitan Government as a project implementation district, which has obtained authorization from the head of Seongbuk-gu Office pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Defendant B is the owner of real estate in the attached list located in the instant project area (hereinafter “instant building”), and Defendant C is the tenant who occupies the first floor of the instant building.

The head of Seongbuk-gu Office authorized the Plaintiff to implement the project on November 26, 2013, and announced it on December 3, 2013. The head of Seongbuk-gu Office approved the management and disposal plan on March 18, 2016 and announced it on March 24, 2016.

On October 28, 2016, the Seoul Special Metropolitan City Regional Land Tribunal ruled to expropriate the instant building and attached facilities for the said rearrangement project.

On December 7, 2016, the Plaintiff deposited KRW 645,646,050 of the compensation determined by the above ruling with Defendant B as a depositee on December 7, 2016, and deposited KRW 20,408,582 on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including paper numbers), Gap evidence 6-1, Gap evidence 12, the purport of the whole pleadings

B. According to the above facts of recognition, since the Plaintiff acquired the ownership of the building of this case by depositing the compensation for expropriation, the Plaintiff is obligated to deliver the real estate listed in the separate sheet to the Plaintiff, and the Defendant C is obligated to deliver one of the real estate listed in the separate sheet to the Plaintiff.

2. Judgment on the defendants' assertion

A. The Defendants are obligated to deliver the instant building only when the compensation for losses under the proviso of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is completed. The compensation for the instant building should be made by means of sale in general under the Act on Appraisal and Certified Appraisers.

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