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(영문) 서울서부지방법원 2016.10.19 2016가단233708
건물명도
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

According to the allegations by the parties and the records of Gap 1 through 6, the plaintiff union is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project for a zone A with a size of 62,245.80 square meters in Mapo-gu Seoul Metropolitan Government as a project implementation district; the plaintiff union was subject to an administrative disposition plan under Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on December 8, 2014; the head of Mapo-gu publicly notified the above management and disposal plan on March 12, 2015; the building recorded in the attached list is located in the project implementation district; the defendant owned it; the expropriation decision was made by the local Land Tribunal of Seoul on January 29, 2016; the plaintiff union deposited KRW 32,697,600 in accordance with the above expropriation decision on March 15, 2016 as the Seoul Western District Court Ordinance No. 1199, Dec. 19, 2016.

In regard to this, the defendant asserted that the expropriation compensation for the building listed in the attached list was calculated erroneously, but it can be a ground for the defendant to dispute through administrative litigation, but it cannot be asserted in the lawsuit of this case due to the refusal of the request for extradition of this case.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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