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(영문) 서울서부지방법원 2015.09.11 2015가단4538
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which has obtained authorization for establishment and project implementation from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) for the purpose of implementing a housing redevelopment project with respect to A housing redevelopment project area of 66,094

B. The defendant is the owner of the building indicated in the attached list located within the plaintiff's improvement project zone (hereinafter "the building in this case") and became a person subject to cash settlement under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents because he did not apply for

C. On November 27, 2014, the Plaintiff obtained the approval of the management and disposal plan for A-Housing Redevelopment Project from the head of Eunpyeong-gu, and on the same day, the management and disposal plan was publicly notified.

On April 24, 2015, the Plaintiff filed an application with the competent local Land Tribunal for expropriation of the instant building on the ground that an agreement on purchase of the instant building was not reached between the Defendant, who is the person subject to cash settlement, and the said Land Tribunal rendered a ruling of acceptance on April 24, 2015, stating that “the Plaintiff shall expropriate the instant building for A Housing Redevelopment Project, and the compensation for losses for the said building shall be determined as KRW 266,50,000, and the starting date of expropriation shall be June 12, 2015.”

E. On May 21, 2015, the Plaintiff, on the ground that the Defendant refused to receive KRW 266,500,000 as compensation under the Defendant’s ruling of acceptance, deposited the full amount with the Defendant as the principal deposit.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings]

2. Where judgment on the cause of the claim is examined, Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is authorized and announced publicly, the owner, superficies, leaseer, etc. of the previous land or structure shall be the date of the public announcement of relocation under Article 54 of the same Act.

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