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(영문) 서울동부지방법원 2016.10.21 2016가단106385
부동산인도
Text

1. The plaintiff

A. Defendant B shall list the annexed sheet

2.A building to be described:

B. Attached List of Defendant C

3. The buildings mentioned above:

Reasons

1. Facts of recognition;

A. On April 20, 2012, the Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers 59,919 square meters in Songpa-gu Seoul Metropolitan Government D, and was authorized to implement the project by the head of Songpa-gu Seoul Metropolitan Government pursuant to Article 28(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the head of Songpa-gu publicly notified the management and disposal plan of the redevelopment improvement project on July 2,

B. Defendant B’s Schedule

2. The ownership and possession of the building indicated therein, and the defendant C shall be listed in the annexed sheet.

3. Ownership and possession of the indicated building, and each of the aforementioned possession sections of the Defendants exists within the project implementation district of the instant case, but the said Defendants became subject to cash settlement because they did not file an application for parcelling-out.

C. Upon the Plaintiff’s request on April 22, 2016, Defendant B, C, and the Plaintiff did not reach an agreement on cash settlement for each of the above possession areas, and thus, the Seoul Regional Land Tribunal deposited KRW 454,950,000 as compensation for losses on June 7, 2016 with Defendant B as the principal deposit, and KRW 454,950,000 as compensation for losses, with Defendant C as the principal deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 10, 11, the purport of the whole pleadings

2. Determination 1) According to the above facts of recognition as to the cause of claim, the Plaintiff acquired ownership of each real estate owned by the Defendants on the date of expropriation. Thus, barring any special circumstance, the Defendants are obligated to deliver each of the said real estate to the Plaintiff, the owner of each real estate listed in the separate sheet, pursuant to Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, barring any special circumstance. 2) The Defendants’ assertion as to the Defendants’ assertion was not completed, and therefore, the pertinent compensation for losses under Articles 61 and 62 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed.

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