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(영문) 서울서부지방법원 2015.07.16 2014가단18202

건물인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project whose business area covers 51,476 square meters outside Mapo-gu Seoul, Seoul, and 435 square meters, and the Defendant is a person subject to cash liquidation, who acquired the ownership of the building listed in the attached Table (hereinafter “instant building”) on June 2, 1992.

B. After receiving project implementation authorization from the head of Mapo-gu on November 25, 2009, the Plaintiff was subject to the authorization on May 22, 2013, and the said authorization on the management and disposal plan was publicly notified as the Mapo-gu Public NoticeD on May 30, 2013.

C. The Plaintiff obtained the project implementation authorization from the head of Mapo-gu after obtaining the said project implementation authorization, and finally obtained the project implementation authorization on September 25, 2014.

The Plaintiff deposited KRW 20,066,350 on September 26, 2014 according to the Seoul Special Metropolitan City Local Land Expropriation Committee’s ruling on August 22, 2014 (the date of commencement of expropriation) and deposited KRW 10,251,940 on March 27, 2015.

E. During the adjudication process by the local Land Tribunal of Seoul Special Metropolitan City, the Defendant demanded a business compensation on the ground that “the Defendant has opened a business registration certificate with the business related to the provision of online information and information and communication-related type to the present resident registration place since 1998 and has run its business until now.” The Plaintiff presented his opinion that “the Defendant did not submit a request for business compensation and evidence, and would review the business compensation when submitting the data,” and the Seoul Special Metropolitan City Land Tribunal did not examine the business compensation on the ground that “the business operator would be compensated after confirming the facts, and did not include the application

Article 50 (2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) shall be the Land Tribunal.