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(영문) 서울서부지방법원 2020.09.18 2020가단216977
건물인도
Text

1. The defendant shall receive KRW 34,160,00 from the plaintiff, and at the same time, shall be the first floor of the real estate stated in the attached Table 1 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association established on September 18, 2015 to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 13,180 square meters in Seodaemun-gu Seoul Metropolitan Government. The Plaintiff is a housing redevelopment project association, the implementation of which has been approved by the head of Seodaemun-gu Seoul Metropolitan Government on September 6, 2017.

On April 25, 2016, the Defendant leased and occupied the leased deposit of KRW 35,00,000, monthly rent of KRW 1,400,000 (payment on April 25, 201), among the real estate listed in the attached Table 1 list of the instant redevelopment project zone owned by D, the portion of (A) section 25.98 square meters (hereinafter “instant real estate”) connected with each point in sequence among the real estate listed in the attached Table 1 list, which is located within the instant redevelopment project zone.

B. On June 19, 2019, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette on the same day.

C. On April 24, 2020, the Plaintiff filed an application for a ruling of expropriation with the Defendant, which did not reach an agreement with the competent local Land Tribunal on compensation for losses, received a ruling of expropriation on June 12, 2020 on the date of commencement of expropriation from the local Land Tribunal of Seoul Special Metropolitan City on April 24, 2020. On June 1, 2020, the Plaintiff deposited all compensation for losses (business compensation) for the instant real estate under the said ruling of expropriation with the Defendant as the depositee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 3, the purport of whole pleadings

2. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of Grounds for Claims, right holders, such as owners, superficies, persons having superficies, persons having chonsegwon, leasers, 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 the approval of the management and disposal plan.

However, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) shall apply.

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