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(영문) 서울서부지방법원 2016.05.11 2015가단244053

건물명도

Text

1. Of the buildings listed in the separate sheet to the Plaintiff:

A. Defendant B indicated in the attached Form No. 1, 2, 3, 4, among the three-storys and four-storys.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Plaintiff’s housing redevelopment improvement project (hereinafter “instant improvement project”) with the business area of 62,245m2 in Mapo-gu Seoul Metropolitan Government D Il-dae, Seoul, as its business area.

(2) The Plaintiff received authorization for project implementation on March 6, 2014 from the head of Mapo-gu Seoul Metropolitan Government, and the approval for the management and disposal plan on December 8, 2014 from the head of Mapo-gu, and publicly notified on March 12, 2015 by the head of Mapo-gu.

3) Defendant B’s building indicated in the separate sheet located in the project zone of the instant rearrangement project (hereinafter “instant building”).

(A) The Defendant C is a lessee of the 109.85 square meters of the 3rd floor among the instant buildings and the 1,2,3,4,7, and1 of the attached drawings among the 45.126 square meters of the attached drawings, which are each connected to the (a) parts of the 4,5,6,7, and 4 of the same drawings as the 45.126 square meters of the attached drawings, and each of the (b) the 30.084 square meters of the attached drawings among the 1st floor among the instant buildings. The Defendant C is currently operating a pharmacy at this point.

5) If there is no agreement between the Plaintiff and the Defendants on the compensation for losses, the Seoul Special Metropolitan City Regional Land Tribunal, upon the Plaintiff’s request, made a ruling of expropriation on January 29, 2016, with the starting date of expropriation as of March 18, 2016. 6) On March 16, 2016, the Plaintiff deposited KRW 1,398,068,650 of the compensation for expropriation of Defendant B, and KRW 1,100,000 of the operating compensation for Defendant C, and KRW 77,917,000 of the operating compensation for Defendant C, respectively.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

B. Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government."