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(영문) 서울중앙지방법원 2019.10.18 2019가단5144724
건물명도(인도)
Text

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

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination on the cause of the claim

A. (1) Under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), the head of the Jung-gu Seoul Special Metropolitan City designated D Co., Ltd. as a project implementer on November 17, 2017 and publicly notified on November 22, 2017, and changed the project to the Plaintiff on February 27, 2019.

(2) The Defendant is the former owner of the building indicated in the attached list in the above project zone (hereinafter “instant building”).

(3) On May 31, 2019, the Seoul Special Metropolitan City Regional Land Tribunal rendered, upon the Plaintiff’s request, a ruling to expropriate the instant building by setting the compensation for losses, KRW 5,385,600, and the starting date of expropriation as July 19, 2019.

(4) On July 15, 2019, prior to the commencement date of expropriation, the Plaintiff deposited compensation pursuant to the above confinement ruling.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 5-2, the purport of the whole pleadings

B. (1) According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor applied mutatis mutandis to the expropriation of land or buildings to implement a rearrangement project within an improvement zone under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, a project implementer shall acquire ownership of land or goods on the commencement date of expropriation determined by the competent Land Tribunal by adjudication (Article 45(1)); (2) deliver or transfer such land or goods to a project implementer by the commencement date of expropriation (Article 43): Provided, That a project implementer shall pay or deposit the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation (Article 40(1) and (2)); and if a project implementer fails to pay or deposit the compensation by the commencement date of expropriation, the project implementer shall do so.

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