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(영문) 서울동부지방법원 2020.07.10 2019가단140300
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in Seongdong-gu Seoul, Seongdong-gu, Seoul. The Plaintiff was authorized to establish an association on November 16, 2007 by the head of Seongdong-gu.

The Plaintiff obtained authorization from the head of Seongdong-gu on January 12, 2017 for the implementation of the instant project, and was subject to the approval of the management and disposal plan on July 6, 2018, and was publicly notified around that time.

B. The Defendant is the owner of the real estate listed in the separate sheet in the instant project zone (hereinafter “instant object”).

C. On May 31, 2019, the Seoul Special Metropolitan City Regional Land Tribunal made a ruling of expropriation (the date of commencement of expropriation on July 19, 2019) against the Defendant. On July 18, 2019, the Plaintiff deposited KRW 3,712,895,560 as the Defendant for the said ruling.

On April 23, 2020, the Central Land Tribunal rendered a ruling on an objection to increase compensation for losses against the defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Determination of the Grounds for Claims provides that holders, such as owners, superficies, persons holding superficies, leasers, etc. of the previous land or buildings may not use or benefit from the previous land or buildings until the date of the public announcement of the approval of the management and disposal plan under Article 78(4).

According to the above facts, since the defendant lost the right to use and benefit from the subject matter of this case according to the plaintiff's notice of the management and disposal plan of the business of this case, it is obligated to deliver

B. The defendant's assertion is based on the compensation for losses for expropriation by the Seoul Special Metropolitan City Land Tribunal.

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