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(영문) 서울남부지방법원 2017.02.10 2016가단225791

건물명도

Text

1. The Plaintiff:

(a) Defendant B, among the geographical strata of the real estate listed in the attached list 1, shall be indicated 1, 2, 3, 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Development Project Association established on October 30, 2006 in order to implement a housing redevelopment project as a project implementation district with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government D.

B. The Plaintiff was authorized to implement the project on December 21, 2009 by the head of Yangcheon-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was subject to the authorization for the implementation of the project on December 10, 2015, and was publicly notified around that time.

C. The Defendants are the lessees of each of the relevant parts indicated in the order within the project implementation district of the said rearrangement project.

In accordance with the Seoul Special Metropolitan City Local Land Tribunal's ruling on September 30, 2016 (the date of commencement of expropriation on November 18, 2016), the Plaintiff deposited the expropriation compensation by designating E and F as the owner of each real estate listed in the separate sheet on November 8, 2016.

[Ground of recognition] Gap evidence Nos. 1, 2 and 7, evidence Nos. 4-7, 13, evidence Nos. 5-1, 3, and 8-1, 5, and the purport of the whole pleadings

2. Determination:

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when a notice of approval of a management and disposal plan is given in relation to an urban rearrangement project, the owner, lessee, etc. of the previous land or building may not use or benefit from the land or building, and the project implementer may use or benefit from the land or building. According to the above facts, the defendants are obligated to deliver each of the parts indicated in the

B. As to this, Defendant C asserts that the relevant portion of real estate cannot be transferred until it is paid. However, the relocation settlement funds, housing relocation expenses, and movable property transfer expenses recognized under Article 78(1) and (5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 41 of the Enforcement Decree of the same Act, and Articles 53 through 55 of the Enforcement Rule of the same Act are encouraged to be the early relocation of the owners, etc. who reside in the relevant area where the relevant public