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(영문) 서울남부지방법원 2017.03.07 2016가단219376

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in the separate sheet No. 5;

B. Defendant C shall set forth in [Attachment] List 6.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a housing redevelopment and rearrangement project association whose project implementation district covers 174,801 square meters in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, as a project implementation district, was subject to an administrative disposition plan on December 10, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and publicly notified

B. The Defendants, as owners of each real estate listed in the separate sheet located in the project implementation district, occupy it.

C. The Plaintiff deposited each expropriation compensation with Defendant B and D as the principal on November 25, 2016 in accordance with the Seoul Special Metropolitan City Local Land Tribunal’s adjudication on September 30, 2016 and October 28, 2016.

[Ground of recognition] The plaintiff, defendant B, and D: The absence of dispute, Gap evidence Nos. 1 through 7, and 9 (including each number), the purport of the whole pleadings and the defendant C: Article 150(3) and (1) of the Civil Procedure Act

2. Determination

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when a public announcement of approval for a management and disposal plan has been made for an urban rearrangement project, the owners or lessees of the previous land or buildings may not use or benefit from the land or buildings, and the project implementer may use or benefit from the land or buildings. According to the above recognition, the defendants have the duty to deliver each real estate listed in the attached list to

B. As to the determination of Defendant B’s assertion, Defendant B asserted to the effect that it cannot comply with the Plaintiff’s claim until receiving the payment of the relocation funds, housing relocation expenses, and director expenses. However, the relocation funds, housing relocation expenses, and movable property transfer expenses recognized under Article 78(1) and (5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 41 of the Enforcement Decree of the same Act, and Articles 53 through 55 of the Enforcement Rule of the same Act are intended to facilitate the implementation of the project by encouraging the early relocation of the owners, etc. who reside in the implementation zone of the relevant