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(영문) 서울서부지방법원 2020.09.18 2020가단220273
건물인도
Text

1. The defendant is paid KRW 20,000,000 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association established on September 18, 2015 to implement a housing redevelopment project (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 the area of 13,180 square meters in Seodaemun-gu Seoul Metropolitan Government. The Plaintiff is a housing redevelopment project association, the implementation of which has been approved by the head of Seodaemun-gu Seoul Metropolitan Government on September 6, 2017.

The Defendant is a person who leased and occupied the lease deposit of KRW 20,000,000, monthly rent of KRW 800,000 (payment on January 25, 201), among the real estate indicated in the attached list within the instant redevelopment project zone, in which he/she has his/her co-ownership from D around November 2014 (hereinafter “instant real estate”).

B. On June 19, 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 April 24, 2020, 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 compensation for losses, received a ruling of expropriation on June 12, 2020 on the date of commencement of expropriation from the local Land Tribunal of Seoul Special Metropolitan City on April 24, 2020. On June 1, 2020, the Plaintiff deposited all compensation for losses for the instant real estate under the said ruling of expropriation with the Defendant as the depositee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 3, the purport of 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, the same shall not apply where 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.

(b).

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