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(영문) 서울북부지방법원 2015.09.23 2015가단6804

건물명도등

Text

1. The Plaintiff:

A. Defendant B and C indicated in attached Table 1, 1, 2, 3.3.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project with respect to the land size of 32,729.70 square meters in Dongdaemun-gu Seoul Metropolitan Government under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government for the establishment of the association on August 3, 2007, the authorization for the implementation of the project on April 9, 2009, the authorization for the implementation of the project on July 26, 2013, and obtained the authorization for the implementation of the project on April 14, 2014, and was publicly notified of the approval for the management and disposal plan on April 17,

B. Each real estate listed in the separate sheet Nos. 1 list is located in the above rearrangement zone, and the defendants occupy and use the pertinent real estate listed in paragraph 1 of each order by leasing it from the owner thereof (real estate listed in paragraph 1 of attached Table Nos. 1: J and paragraph 2: K, and real estate listed in paragraphs 3: L and paragraph 4: M).

C. On May 22, 2015, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on May 10, 2015 with respect to each real estate listed in the separate sheet No. 1, as a person subject to cash settlement, J, K, L, and M who did not apply for parcelling-out, and the Plaintiff deposited the compensation for losses as prescribed by the said ruling of expropriation to J, K, L, and M on June 2015.

[Ground of recognition] Unsatisfy, Gap 1-13 Evidence, the purport of the whole pleadings

2. Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that “When a management and disposal plan is authorized and the public notice thereof is given, a right holder, such as the owner, lessee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the public notice of relocation is given in accordance with Article 54: Provided, That this shall not apply to the case of a right holder whose compensation is not completed under Article 40 or the Act on the Acquisition of Land, etc.

According to the above facts of recognition, the plaintiff is governed by the Urban Improvement Act.