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(영문) 서울북부지방법원 2015.12.16 2015가합21015

건물명도

Text

1. The Defendants shall deliver each of the buildings listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a housing redevelopment improvement project that has a project implementation district of the Dongdaemun-gu Seoul Metropolitan Government F 5,523 square meters of land as the project implementation district (hereinafter “instant rearrangement project”).

(2) The Defendants were the owners (each 1/4 shares) of the buildings in the attached list located within the said project implementation district and the Plaintiff’s members were the owners (each 1/4 shares) and were the occupants of the buildings in the attached list located within the said project implementation district, and were subject to cash settlement due to their failure to file an application for parcelling-out. < Amended by Presidential Decree No. 20619, Feb. 27, 2009>

3) The Plaintiff filed an application for adjudication of expropriation with the Defendants on April 24, 2015, and received a ruling of expropriation on the said building from the local Land Tribunal of Seoul Special Metropolitan City (the date of commencement of expropriation on June 12, 2015), and on June 2, 2015, deposited the total amount of each compensation for losses as stipulated in the above ruling with the Defendants as the deposited parties, respectively. [The fact that there is no dispute over the grounds for recognition, the purport of the entire pleadings, and the purport of the whole pleadings.]

B. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When a management and disposal plan has been authorized and its announcement has been made, a right holder such as the owner of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54: Provided, That this shall not apply to a right holder whose consent has been obtained from a project operator or whose compensation has not been completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.” Thus, when a management and disposal plan under the Urban Improvement Act is authorized and publicly notified