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(영문) 서울서부지방법원 2015.11.04 2015가합2744
토지인도등
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project whose business district covers Yongsan-gu Seoul Metropolitan Government D, and was approved to establish an association on April 19, 2010 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); the authorization for the implementation of the project on January 29, 2012; the authorization for the implementation of the project on February 12, 2014; the authorization for the management and disposal plan and the announcement thereof on September 11, 2015, respectively.

B. The Defendants, as co-owners of each real estate listed in the separate sheet in the above rearrangement project project zone (hereinafter “instant real estate”), became subject to cash settlement pursuant to the Urban Improvement Act because they did not apply for parcelling-out to the Plaintiff.

C. Meanwhile, on August 21, 2015, the Plaintiff (including the Defendants) filed an application for adjudication of expropriation with the local Land Expropriation Committee of Seoul Special Metropolitan City against those subject to cash settlement, for which no compensation agreement has been reached, and (d) received an adjudication of expropriation on August 21, 2015, stating that “the instant real estate is expropriated, and compensation for losses shall be KRW 721,23,30, Defendant C852,36,660, and the date of commencement of expropriation shall be October 12, 2015.”

On September 21, 2015, the Plaintiff paid to the Defendants the amount of money, including the cost of moving a house, the settlement money, and the cost of transferring a movable property, to the compensation for losses due to the above expropriation ruling, as shown in the following table. The Defendants reserved an objection and received it respectively.

Unit: Total sum of the cost of moving the dwelling for the original defendant's compensation for losses and the cost of moving the movables;

1. B 752,418,720 5,155,500 9,355,617 1,019,854 767,949,691

2. C 89,230, 340 3,266, 104 11,059,104 1,019,019,8549,575,402 / [Grounds for Recognition] without any dispute, entry in each of the items of Articles A1 through 11 (including the serial numbers), and the purport of the whole pleadings;

2. Determination:

A. According to Article 49(6) of the Urban Improvement Act, when a management and disposal plan is authorized and announced publicly, the owner, superficies, leaseer, etc. of the previous land or structure shall have the right to such land or structure.

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