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(영문) 서울서부지방법원 2020.10.15 2020가단220167
건물인도
Text

1. From 20,000,000 won to 20,000 won, the Defendant shall draw up the annexed Form 2 drawings from among the first floor of the real estate listed in the annexed Table 1 from June 1, 2020 to 20

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association established on September 18, 2015 to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 13,180 square meters in Seodaemun-gu Seoul Metropolitan Government. The Plaintiff is a housing redevelopment project association established on September 18, 2015 and authorized by the head of Seodaemun-gu Seoul Metropolitan Government to implement the relevant redevelopment project.

Around 2010, the Defendant leased and occupied the leased deposit of KRW 20,000,000 (the last day of each month), and KRW 400,00,00 (the last day of each month), among the real estate listed in the attached Table 1 List No. 1, the real estate located within the redevelopment project zone of this case owned by D, the leased portion of KRW 12.74,00 square meters (hereinafter “instant real estate”) connected in order to each point of the attached Table No. 1, 2,3,4, and 1, among the real estate listed in the attached Table No. 1 list No. 2. The Defendant acquired the instant real estate at present.

B. On June 19, 2019, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette.

C. On April 24, 2020, the Plaintiff filed an application for adjudication of expropriation with the Defendant, and received the adjudication of expropriation on the date of commencement of expropriation on June 12, 2020 with respect to the instant real estate from the local Land Tribunal of Seoul Special Metropolitan City on April 24, 2020. On June 1, 2020, the Plaintiff deposited all compensation for losses (business compensation) for the instant real estate under the said adjudication of expropriation with the Defendant as the depositee.

[Ground of recognition] Facts without dispute, Gap 1 through 6, Eul 1's each entry, the purport of the whole pleadings

2. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of Grounds for Claim, a right holder, such as the owner, superficies, person having a right to lease and lease of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan.

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