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(영문) 서울북부지방법원 2015.06.16 2014가합26358

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. The plaintiff is a housing redevelopment improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") for the housing redevelopment improvement project in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the "housing redevelopment project in this case") and was authorized to establish an association on January 6, 2009 by the head of Dongdaemun-gu.

B. The defendant is the owner of the real estate listed in the attached list in the project implementation district.

C. On November 10, 201, the Plaintiff obtained authorization to implement the instant housing redevelopment project from the head of Dongdaemun-gu, and publicly notified the authorization to implement the relevant housing redevelopment project on the same day.

After that, on March 7, 2013, the Plaintiff prepared a management and disposal plan and received a management and disposal plan from the head of Dongdaemun-gu, and the head of Dongdaemun-gu notified the management and disposal plan on March 14, 2013.

As the Plaintiff did not reach an agreement on the acquisition of real estate, etc. listed in the separate sheet with the Defendant, the Plaintiff applied for a ruling of expropriation to the competent local Land Tribunal on December 19, 2014, and on March 27, 2015, on May 15, 2015, and on March 27, 2015, the aforementioned commission rendered a ruling of expropriation at KRW 3,917,326,240, in total, for compensation for the real estate, site, etc. listed in the separate sheet owned by

E. Accordingly, on April 29, 2015, the Plaintiff deposited the total amount of KRW 3,917,326,240 with the Defendant as a depositee.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-11, the purport of the whole pleadings

2. Article 49(6) of the Act on the Determination of Grounds for Claims is authorized for a management and disposal plan and the public notice thereof is given, the owner of the previous land or structure, the lessee, etc. shall not use or benefit from the previous land or structure until the public notice of relocation is given under Article 54.

Provided, That this shall not exceed Article 40 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects with the consent of a project implementer or for Article 40.