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(영문) 서울북부지방법원 2020.07.16 2020가단100199
건물인도
Text

1. The Defendant: (a) the second floor of 87.3 square meters; (b) the third floor of 81.12 square meters; (c) the fourth floor of 6.71 square meters; and (d) the fifth floor of 47.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project partnership which completed the registration of incorporation on December 8, 2008 with the approval of establishment from the head of Dongdaemun-gu Seoul Metropolitan Government on December 1, 2008 with the purpose of implementing the housing redevelopment improvement project (hereinafter “instant project”) with respect to the housing redevelopment project for the Dongdaemun-gu Seoul Metropolitan Government 144,964 square meters (hereinafter “instant project zone”).

B. D is the owner of the building indicated in the attached list in the instant project zone (hereinafter “instant building”), who is an entity subject to cash settlement because he/she failed to apply for parcelling-out within the period of application for parcelling-out notified by the Plaintiff, and the mother of D is the Defendant.

The Defendant, on March 3, 2015, filed a move-in report on the instant building, and thereafter, from around that time to that time, occupied the second floor of 87.3 square meters, the third floor of 81.12 square meters, the fourth floor of 6.71 square meters, and the fifth floor of 47.78 square meters, among the instant buildings, respectively.

C. On March 24, 2017, the Plaintiff obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on the management and disposal plan for the instant project, and the head of Dongdaemun-gu Seoul Metropolitan Government publicly notified the same on March 30, 2017 as Dongdaemun-gu Seoul Metropolitan Government public notice E.

On May 10, 2019, the Plaintiff deposited KRW 420,865,580 (i.e., compensation for delay of KRW 325,802,630, additional charges of delay of KRW 95,062,950) following the Seoul Regional Land Tribunal’s ruling of expropriation on March 22, 2019, with the deposited person D, and on November 6, 2020, deposited KRW 11,75,000,000 as the relocation cost of the place of business following the said Commission’s ruling of expropriation on November 22, 2019.

E. The Plaintiff intended to pay D the housing relocation cost of KRW 995,067. However, on February 12, 2020, when D did not receive it, the Plaintiff deposited the said KRW 995,067.

[Reasons for Recognition] Facts not clearly disputed, Gap evidence Nos. 1, 2, 5, 7 through 10, 12, Gap evidence No. 6-2, and the purport of the whole pleadings

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

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