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(영문) 서울남부지방법원 2017.09.29 2016가단251134
부동산인도 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 2,745,623 and the interest rate of KRW 15% per annum from September 29, 2017 to the date of complete payment.

Reasons

1. The following facts may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence Nos. 1, 2, 3-1, 2, 4, 7, and 8-1, and 11.

On January 8, 2010, the Plaintiff obtained authorization from the head of Yeongdeungpo-gu Office for the establishment of an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and obtained authorization for the implementation of the project whose project is the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government 73,607㎡ as the project implementation district on August 30, 20

The Plaintiff, from October 26, 2012 to December 11, 2012, established a management and disposal plan to receive applications for parcelling-out from the members, and received a management and disposal plan on October 29, 2015, and was authorized and announced on the same day.

B. The Defendant owned a multi-family house with the fourth floor of the Yeongdeungpo-gu Seoul Metropolitan Government D ground brick, the steel bars, and the Pyeongtaek Slovab roof (hereinafter “instant real estate”) located within the said project zone, and possessed it, but became a person subject to cash settlement by failing to file an application for parcelling-out within the said period for parcelling-out.

C. The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal on December 23, 2016 because it did not consult with the Defendant on the settlement money. On December 23, 2016, the said Committee accepted the instant real estate of the Defendant, rendered an adjudication on the compensation amounting to KRW 667,550,930. The date of commencement of expropriation was set on February 10, 2017.

On February 10, 2017, the Plaintiff deposited KRW 667,550,930 for the aforementioned compensation on February 10, 2017, and the Defendant delivered the instant real estate to the Plaintiff on April 14, 2017.

2. Determination:

(a) The main sentence of Article 49 (6) of the Urban Improvement Act shall not use or benefit from the previous land or buildings until the date of public announcement of approval on a management and disposal plan, if any, pursuant to Article 54, a right holder, such as the owner, superficies, person having chonsegwon, leaser, etc. of the previous land or buildings;

(b).

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