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(영문) 서울북부지방법원 2020.04.24 2019가단120890
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate indicated on the attached real estate.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project partnership established with approval from the head of Dongdaemun-gu for the establishment of an association for the purpose of housing redevelopment improvement project for the Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government Housing Redevelopment Project (hereinafter “instant improvement project”).

B. After obtaining authorization for the implementation of a project from the head of Dongdaemun-gu, the Plaintiff received the authorization for the implementation of the project on March 24, 2017, and the head of Dongdaemun-gu publicly notified the approval for the implementation of the project on March 30, 2017

C. The Defendant is the owner of the attached real estate indicated in the instant rearrangement project zone (hereinafter “instant real estate”). The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal for the owner of the real estate located in the instant rearrangement zone, including the Defendant. On March 22, 2019, the said expropriation committee calculated compensation for losses for cash collectors located in the instant rearrangement project zone including the Defendant, and made an adjudication of expropriation (hereinafter “instant adjudication of expropriation”) on May 10, 2019, setting the starting date of expropriation as the date of expropriation (hereinafter “instant adjudication of expropriation”).

The Plaintiff provided actual payment of compensation for losses to the Defendant under the instant confinement ruling, but the Defendant refused to receive it, and deposited KRW 544,888,010 as Seoul Northern District Court deposited KRW 1600 in 2019, on May 2, 2019, on the deposit basis of the above confinement ruling.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1-1 and 2, the purport of the whole pleadings

2. Determination

A. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when public notice of approval of a management and disposal plan (revision) regarding a redevelopment project is given, the right holder such as the owner, lessee, etc. of the previous land or building may not use or benefit from the previous land or building until public notice of transfer is given pursuant to Article 86 of the Urban Improvement Act.

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