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(영문) 서울서부지방법원 2016.01.27 2015가단241085

건물명도

Text

1. The Plaintiff:

(a) Defendant B delivers the second floor of the Eunpyeong-gu Seoul Metropolitan Government D brick Corbrobal roof;

(b) the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project area covers 63,231 square meters in Eunpyeong-gu Seoul Metropolitan Government, and is authorized by the head of Eunpyeong-gu Seoul Metropolitan Government to establish the association on December 30, 2008, the authorization to implement the project on September 26, 2013, and the authorization to implement the management and disposal plan on May 7, 2015. The head of Eunpyeong-gu publicly notified the details of the above management and disposal plan on the same day

B. Defendant B owned the second floor of the building of Eunpyeong-gu Seoul Metropolitan Government D brick Dorobrostrab roof (multi-household detached housing) and was residing therein, and became a person eligible for cash settlement because he did not apply for parcelling-out within the period of application for parcelling-out.

Defendant C is a child of Defendant B, who occupies the first floor of the above building.

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on compensation for losses on the said real estate between Defendant B. On August 21, 2015, the said Committee rendered a ruling of expropriation that on October 12, 2015, the Plaintiff accepted each land and obstacles within the project zone, and among them, the amount of compensation for losses on Defendant B shall be set at KRW 398,746,750 in total.

On October 8, 2015, according to the above ruling of acceptance, the Plaintiff deposited the above compensation for losses for Defendant B.

(Seoul Western District Court 2015No. 4157). D.

On December 22, 2015, the Plaintiff deposited KRW 18,646,641 in total for Defendant B (i.e., relocation settlement money of KRW 12,00,000,000, KRW 5,340,370, KRW 1,306,271).

(Seoul Western District Court 2015No. 5574). [Grounds for Recognition] Party A’s Certificate 1 through 6 (including each number)

2. Determination

A. Cause of claim: (i) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Maintenance and Improvement of Urban Areas Act”) is publicly notified of the approval of the management and disposal plan, the owner of the previous land or building, superficies, leaser, etc. shall be the person holding the right, such as