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(영문) 서울북부지방법원 2016.03.31 2015가단124283 (1)

건물명도

Text

1. The defendant points out each of the three floors of the building listed in the attached list of real estate in attached Form 4, 5, 6, 7, 12, and 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project with respect to the size of 55,523 square meters in Dongdaemun-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was granted authorization for the implementation of the project on February 27, 2009 from the head of Dongdaemun-gu Seoul Metropolitan Government; the authorization for the implementation of the project on May 1, 2014; and the authorization for the management and disposal plan on February 3, 2014; and the head of Dongdaemun-gu Seoul Metropolitan Government announced the details of the authorization for the management and disposal plan on February

B. A building indicated in the attached list of real estate is located in the above rearrangement zone, and the Defendant leases, occupation, and use, from the owner, D, E, F, and G, a portion of 93.97 square meters inboard (c) connected each point of the attached list Nos. 4, 5, 6, 7, 12, and 4 among the three floors of the building listed in the attached list of real estate in the attached list of the attached list of real estate (hereinafter “instant store”).

C. On May 22, 2015 with regard to compensation for suspension of work for the store of this case, the local Land Tribunal of Seoul Special Metropolitan City decided on July 10, 2015 and rendered a ruling of expropriation. On June 19, 2015, the Plaintiff deposited KRW 29,035,000 as compensation for losses under the said ruling of expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan has been authorized and such public notice has been given, the owners of the previous land or buildings, lease holders, etc. shall not use or benefit from the previous land or buildings until the date of public notice of relocation under Article 54: Provided, That this shall not apply to the case of a right holder whose compensation for losses has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”).

According to the above facts of recognition, the plaintiff is governed by the Urban Improvement Act.