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(영문) 서울북부지방법원 2016.06.24 2015가단124689

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project for the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 80,145 square meters pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

On July 30, 2008, the Plaintiff was authorized to establish the association by the head of Seongbuk-gu Seoul Metropolitan Government, the authorization to implement the project on July 21, 2009, and the authorization to implement the management and disposal plan on February 24, 2015, and was publicly notified on February 26, 2015.

B. The Defendant is the owner of the real estate indicated in the separate sheet in the relevant rearrangement project implementation zone (hereinafter “instant real estate”).

C. The Plaintiff filed an application for adjudication to expropriate the instant real estate with the Defendant, which did not reach an agreement on compensation for losses, and deposited KRW 14,028,00 with the Defendant as the deposited person on August 10, 2015 according to the Seoul Regional Land Tribunal’s adjudication to expropriate the said real estate on June 26, 2015, and deposited KRW 319,092,750 with the Defendant as the deposited person on September 9, 2015 according to the said Committee’s adjudication to expropriate the said real estate on July 24, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 11 (including additional numbers) and the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Determination of Grounds for Claim provides that “When the authorization of a management and disposition plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure by the date of public announcement of relocation under Article 54.”

According to the above facts, since the plaintiff completed the compensation for losses under the proviso of Article 49 (6) of the Urban Improvement Act after the public notice of approval of the management and disposal plan under the Urban Improvement Act, the defendant is obligated to deliver the real estate of this case to the plaintiff who acquired the right

3. Judgment on the defendant's assertion

A. The defendant establishes an association for the plaintiff.