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(영문) 서울북부지방법원 2016.03.25 2015나35759

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of premise;

A. The plaintiff is a housing redevelopment and rearrangement project association that has obtained various authorization from the head of Seongbuk-gu Office in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") by setting the 498-dong, Seongbuk-gu, Seoul as the project area, and the major progress of the implementation procedure

On October 23, 2012 for formulating a project implementation plan on December 28, 201 (hereinafter referred to as "the first implementation plan") on December 201, 201 for authorization to establish an association (hereinafter referred to as "the first implementation plan") on December 25, 2009, an ordinary general meeting (hereinafter referred to as "the improvement project plan") to revise the first implementation plan on October 24, 2013 (hereinafter referred to as "the first implementation plan") (the increase in the improvement project cost is 613,970,895,49, the changed project implementation plan is referred to as "the dispute change plan"; the above general meeting is referred to as "the dispute change plan"); the general meeting on December 27, 2013 for formulating a management and disposal plan (hereinafter referred to as "the general meeting"), the main issue of which is to revise the management and disposal plan and disposal plan (hereinafter referred to as "the first management and disposal plan"); 2014, 2094.494

D. Meanwhile, as the owner of each real estate listed in the separate list in the project zone (hereinafter “instant real estate”) has reached an agreement on compensation with the Defendant, who is the subject of cash settlement, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City.

E. On December 19, 2014, the above confinement commission rendered a ruling of expropriation of KRW 241,748,90 for compensation for losses, and February 6, 2015 for the above real estate. The Plaintiff deposited the full amount of compensation for losses to the Defendant on February 4, 2015, and the Defendant currently occupies the above real estate.

[Ground for Recognition] Facts without dispute, Gap 1-8 evidence (including each number), Eul 1,8-10 evidence, and the purport of the whole pleadings

2. Where a management and disposal plan is authorized and publicly notified pursuant to Article 49(3) of the Act on the Determination of Grounds for Claims, pursuant to Article 49(6) of the same Act.