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(영문) 서울북부지방법원 2020.05.21 2019가합25398
부동산인도 등
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in paragraphs 1 and 2 of the annexed list of real estate;

B. Defendant C shall be attached hereto.

Reasons

1. Facts of recognition;

A. On September 6, 2011, the Plaintiff is a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) in the Seoul Jung-gu Seoul Central District. Defendant B is the owner of each real estate listed in paragraphs (1) and (2) of the attached Table of Real Estate in the said project area. Defendant C is the owner of each real estate listed in paragraphs (3) and (4) of the attached Table of Real Estate in the said project area.

The defendants currently possess each of their own properties.

B. On August 7, 2015, the Plaintiff: (a) obtained authorization to implement the instant redevelopment project from the head of Jung-gu Seoul Metropolitan Government; (b) obtained authorization to implement the relevant redevelopment project on March 12, 2018; and (c) at that time the head of Jung-gu notified the approval to implement

C. On April 26, 2019, upon the Plaintiff’s application for adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on each of the above real estate owned by the Defendants (the starting date of expropriation is June 14, 2019).

On June 13, 2019, the Plaintiff deposited the full amount of KRW 800,969,040 as compensation for losses (Seoul Northern District Court No. 2215, 2019), Defendant C as depositee, and the full amount of KRW 575,50,080 as compensation for losses under the above confinement ruling (Seoul Northern District Court No. 2228, 2019).

[Reasons for Recognition] Defendant B: A without dispute, entry of evidence Nos. 1 through 11, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. When the public notice of the approval plan for the management and disposal plan stipulated in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the use and profit-making by the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended, and the project implementer shall be able to use and profit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010; Article 81(1) of the Urban Improvement Act).

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