건물명도
1. The Plaintiff:
(a) Defendant B real estate listed in the separate sheet Nos. 1 and 2;
B. Defendant C shall be as specified in the separate sheet Nos. 3, 4.
1. Facts of recognition;
A. The Plaintiff was established on September 17, 2008 in order to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the size of 43,329 square meters in Dongdaemun-gu Seoul Metropolitan Government as a project implementation district, and the Plaintiff obtained authorization for the implementation of the project on September 5, 2013 from the head of the competent Gu and the approval for the management and disposal plan on November 13, 2014 from the head of the competent Gu, respectively. The said head of the Gu publicly announced the details of the management and disposal plan authorized on November 13, 2014.
B. Defendant B is the owner and possessor of the real estate Nos. 1, 2, and 3 and 4 in the attached list as indicated in the attached list, and Defendant C is the Plaintiff’s association members. The person subject to cash settlement was not applied for the application for parcelling-out, and each of the above real estate (hereinafter “each of the instant real estate”) is located within the execution zone of the instant improvement project.
C. On September 18, 2015, the Plaintiff filed an application for each expropriation ruling with the Defendants, and filed an application for each expropriation ruling with the competent Regional Land Expropriation Committee for each of the instant real estate (the date of commencement of expropriation on November 6, 2015), and deposited the entire amount of each compensation for losses as stipulated in the above adjudication on October 27, 2015, respectively.
[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's 1, 2, 3, 5 through 8, Gap's 4 and 9-1 and 2, and the purport of the whole pleadings
2. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date when the management and disposal plan has been authorized and announced publicly pursuant to Article 54.
Provided, That this shall not apply where a right holder whose consent has been obtained or compensation has not been completed under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.