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(영문) 서울서부지방법원 2015.01.15 2014가합38074

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Indication of claim;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose business area covers 37,697 square meters of 53 square meters a green 53-dong, Eunpyeong-gu, Seoul. The Defendant is a person who leased and occupied the instant real estate from the former owner who owned the building indicated in the attached Table within the Plaintiff’s above rearrangement project zone.

B. On October 8, 2013, the Plaintiff obtained the approval plan for the management and disposal plan for the redevelopment project from the head of Eunpyeong-gu to obtain the approval plan for the management and disposal plan for the redevelopment project, and accordingly, was publicly notified on October 17, 2013, and accordingly, the Plaintiff became entitled to use and benefit from the building listed in the attached list from October 17, 2013, which is the public notice date of approval for the management and disposal plan. Accordingly, the Defendant is obligated to deliver the said building to the Plaintiff pursuant to Article 49(6) of the Urban

C. Meanwhile, on the other hand, the Plaintiff applied for the adjudication of expropriation to the local Land Expropriation Committee in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor as the Defendant did not reach an agreement on the amount of business compensation, and the Plaintiff applied for the adjudication of expropriation on May 23, 2014, the Seoul Land Expropriation Committee set the date of commencement of expropriation as KRW 20,400,000, and the business compensation amount as KRW 20,400, and the Plaintiff deposited the amount of compensation to the Defendant in accordance with the said adjudication of expropriation. In this regard, the Defendant is obligated to deliver the building listed in the attached list to the Plaintiff.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);