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(영문) 서울서부지방법원 2016.12.21 2015가단244107

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the business area of the Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government 62,245m2.8m2.

(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) The Defendant is a building indicated in the attached list located within the project zone of the instant rearrangement project (hereinafter referred to as “instant building”).

(4) Upon the Plaintiff’s application, the Seoul Special Metropolitan City Regional Land Expropriation Committee made each acceptance ruling on January 29, 2016, on March 18, 2016, on September 30, 2016, on which the date of expropriation begins, and on November 18, 2016, on which the date of expropriation begins.

5) The Plaintiff deposited KRW 1,177,06,280 for the Defendant on March 15, 2016, and KRW 54,040,00 for the Defendant on October 24, 2016, respectively, in accordance with each of the above rulings of expropriation. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1 through 7 (each of the entries including the serial number, and the purport of the entire pleadings.

B. Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan pursuant to paragraph (2), publish the details thereof in the official bulletin of the relevant local government," and the main sentence of paragraph (6) of the same Article provides that "the owner, superficies, person holding a right, such as the owner, superficies, leaseer, etc. of the previous land or structure shall, when a public announcement is made pursuant to