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(영문) 서울북부지방법원 2020.12.08 2020가단115368
건물인도
Text

The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

Costs of lawsuit shall be borne by each person.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that obtained approval for establishment from the head of Dongdaemun-gu Office on December 3, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project with respect to the housing redevelopment project with respect to the Dongdaemun-gu Seoul Metropolitan Government D Daily (hereinafter “instant project zone”).

B. The head of Dongdaemun-gu publicly announced the project implementation authorization on October 26, 2017 for the Plaintiff, and approved and publicly announced the management and disposal plan on October 4, 2019.

C. The Defendants are owners of each real estate listed in the separate sheet in the instant project zone (hereinafter “each of the instant real estate”) and are subject to cash settlement.

On June 5, 2020, the Plaintiff deposited the said Defendant’s compensation according to the expropriation ruling rendered on April 24, 2020 by the local Land Tribunal of Seoul Special Metropolitan City with the deposited person as Defendant C, an incorporated association.

[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant C, each entry in Gap evidence Nos. 1 through 10 (including the serial number), and the purport of the whole pleadings

2. When a public notice of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is given, the use and profit-making of right holders, such as owners, superficies, persons having chonsegwon, and lessees of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts of recognition, the Defendants are obligated to deliver each of the instant real estate to the Plaintiff who acquired the right to use and benefit from the instant real estate after receiving the authorization and public notice of the management and disposal plan under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”).

For this reason, the defendant C is the plaintiff before receiving the housing relocation cost from the plaintiff.

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