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(영문) 서울서부지방법원 2015.08.20 2015가단4569

건물인도

Text

1. The defendant, among the first floor of the building listed in the attached list, shall be classified into Annex 1, 2, 3, 4, 5, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement an urban environment rearrangement project in Eunpyeong-gu Seoul Metropolitan Government, and is granted authorization for the implementation of the project on May 26, 201 by the head of Eunpyeong-gu Seoul Metropolitan Government; the authorization for the implementation of the project on November 28, 2013; and the authorization for the implementation of the project on November 27, 2014 by the head of Eunpyeong-gu; and the head of Eunpyeong-gu notified the management and disposal plan on November 27, 2014.

B. The Defendant leases 25 square meters in the section “A” (hereinafter “instant real estate”) that connects each point of Annex 1, 2, 3, 4, 5, and 1 among the buildings listed in the attached list located within the said rearrangement project zone, and operates a licensed real estate agent office at this place.

C. On December 31, 2014, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal on December 31, 2014, the Plaintiff filed an application for adjudication of expropriation on April 24, 2015, with the Defendant for adjudication of expropriation of KRW 19,290,000 for business compensation for the Defendant, and the Plaintiff deposited KRW 19,290,000 for the Defendant on June 8, 2015 according to the said adjudication of expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. According to Article 40(1) of the Act on the Acquisition of Land, etc. for Public Works and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a landowner or person concerned, or a person who is not a landowner or person concerned, has the right to the land to be expropriated or used or the goods on such land, shall be delivered or transferred to the project operator by the commencement date of expropriation or use. Thus,