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(영문) 서울남부지방법원 2017.02.15 2016가단219758

건물명도

Text

1. The Plaintiff:

A. Defendant B shall indicate 1, 2, 3, 4, 5, 5.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that has been established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government as a project implementation district.

B. The Plaintiff received the authorization for project implementation on December 21, 2009 from the head of Yangcheon-gu Seoul Metropolitan Government, and the authorization for the management and disposal plan under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), respectively, on December 10, 2015, and around that time, the management and disposal plan was

C. The Defendants occupy each corresponding part of the orders located in the project implementation district.

C. The Plaintiff deposited the full amount of compensation for losses due to the expropriation ruling by the local Land Tribunal of Seoul Special Metropolitan City.

[Ground for Recognition] Defendant B: The fact that there is no dispute, each entry in Gap evidence 1 through 6 (including paper numbers), and the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a public notice of approval of a management and disposal plan is given for an urban rearrangement project, the owners of the previous land or buildings, the lessee, etc. shall not use or profit from the land or buildings, and the project implementer shall be entitled to use or profit from the land or buildings. According to the above facts of recognition, the Plaintiff completed the compensation for losses by depositing the Defendant C as the depositee after the public notice of approval of the management and disposal plan and making the full deposit of the compensation for the losses due

3. In conclusion, the plaintiff's claim against the defendants of this case is justified. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim against the defendants of this case is accepted.