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(영문) 서울동부지방법원 2016.10.27 2016가단106422
부동산인도
Text

1. The Plaintiff:

A. Defendant B’s real estate indicated in attached Form No. 1;

B. Defendant C’s real estate indicated in attached Form C,

Reasons

1. When the determination of a management and disposal plan for causes of claims is publicly notified, the owners, 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 relocation;

However, this does not apply to a right holder whose consent is obtained from a project operator or compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is not completed.

(Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; on the other hand, a project operator shall acquire the ownership of land or goods on the commencement date of expropriation, pay or deposit the indemnity adjudicated by the Land Tribunal by the commencement date of expropriation, and landowners, etc. shall transfer or transfer the relevant land

(Article 40(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (Articles 40(1) and (2), 43, and 45(1) of the same Act). Comprehensively taking into account the following: (a) evidence No. 4; (b) evidence No. 8-1 through 3; and (c) each description and overall purport of pleading No. 9; (b) Defendant B shall have real estate indicated in attached Form No. 1; (c) Defendant C shall have real estate indicated in attached Form No. 2; and (d) Defendant D shall have real estate indicated in attached Form No. 3; (c) the head of Songpa-gu Office publicly announced the approval plan for the management and disposal plan of A Housing Redevelopment Project including the said real estate on July 2, 2015; (c) the Seoul Regional Land Expropriation Committee of Apr. 22, 2016; and (d) the Plaintiff deposited the said land to the Defendants on June 7, 2016.

Therefore, the Defendants are obligated to deliver each of the pertinent real estate to the Plaintiff in accordance with the above statutes.

Although the Defendants raised an objection to the above acceptance ruling and demanded an increase in compensation, the acceptance has become effective once again.

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