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(영문) 서울북부지방법원 2016.06.21 2015가단26938

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the building listed in Section 1 of the Annex A;

B. Defendant C is listed in Appendix 1 List 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment and rearrangement project with a project implementation district of 89,853 square meters of land in Seongbuk-gu.

The Plaintiff was authorized by the head of Seongbuk-gu Seoul Metropolitan Government to establish an association on April 21, 2009, the authorization to implement the project on April 4, 2013, and the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 22, 2014.

The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the management and disposal plan on December 26, 2014.

B. Defendant B may occupy each of the above buildings with the owners of the buildings listed in the attached Table 1 List No. 1 located in the above project implementation district, Defendant C may occupy the buildings listed in the attached Table No. 4 located in the above project implementation district, Defendant D may occupy the buildings listed in the attached Table No. 1 List No. 5 located in the above project implementation district, and Defendant A may occupy the buildings listed in the attached Table No. 2 List No.

C. On June 26, 2015, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication on the purport that each of the above buildings should be expropriated for the above improvement project and the Defendants should compensate for losses, upon the Plaintiff’s application for adjudication of expropriation.

Before the commencement date of expropriation as stipulated in the above ruling ( August 14, 2015), the Plaintiff deposited all compensation for losses with the Defendants as the deposited parties.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

(a) Article 49(6) of the Act on the Determination of the Grounds for Claims cannot use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54, when the management and disposal plan is authorized and such public announcement is made.

Provided, That the compensation for losses under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be made with the consent of the project implementer.