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(영문) 서울중앙지방법원 2021.01.15 2020가단5068970
건물인도
Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the Appendix 1 attached hereto;

B. Defendant C is written in Appendix 2.

Reasons

1. Basic facts

A. Pursuant to Article 28(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Environments, D Co., Ltd. obtained approval for the implementation of the project from the head of Jung-gu Seoul Metropolitan Government with respect to the urban environmental improvement project for the F Zone in Seoul Jung-gu E (hereinafter “instant rearrangement zone”) (hereinafter “instant improvement project”), and thereafter, the project implementer was changed from the said company to the Plaintiff and obtained approval for the alteration of the implementation of the project from the head of Jung-gu Office on September 11, 2019.

B. The Defendants co-ownership and possession of the buildings listed in the separate sheet No. 1 in the instant rearrangement zone, and Defendant C owned the unregistered real estate listed in the separate sheet No. 2 (hereinafter collectively referred to as “instant real estate”).

(c)

As the Plaintiff did not reach an agreement with the Defendants on compensation, pursuant to Articles 63 and 65 of the Act on the Acquisition of Land, etc. for Public Works and Article 28 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, the Plaintiff filed an application for adjudication on the expropriation of the instant real estate with the Defendants in the position of the project implementer of the instant project. On January 31, 2020, the said committee decided on the commencement date of expropriation on March 20, 2020 to expropriate the land for the instant project and to transfer the instant real estate.

On March 11, 2020, prior to the commencement date of the above confinement, the Plaintiff deposited the full amount of KRW 1,583,805,220 of the compensation for losses incurred due to the above confinement ruling with Defendant C as a person entrusted with a warrant, and deposited the full amount of KRW 890,880 for Defendant B.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Where a project implementer under the Land Compensation Act fails to reach an agreement with a right holder of land or goods, if the compensation is paid or deposited by the commencement date determined in the adjudication on expropriation by the adjudication on expropriation, the object thereof shall be the commencement date of expropriation.

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