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(영문) 서울서부지방법원 2015.04.01 2014가단4210

건물인도

Text

1. The defendant shall display 1, 2, 3, 4, and 1 of the annexed drawings among each real estate listed in the annexed table 1 through 6 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a maintenance and improvement project association established to implement a housing redevelopment project with a project implementation district of 51,526.2 square meters in Mapo-gu Seoul Metropolitan Government, and was authorized to establish an association on July 18, 2008 by the head of Mapo-gu Seoul Metropolitan Government, the authorization for the implementation of the project on November 25, 2009, the authorization for the implementation of the project on June 22, 201, and the authorization for the management and disposal plan on May 22, 2013, and the head of Mapo-gu announced the details of the authorization for the management and disposal plan on May 30, 2013.

나. 별지 목록 기재 각 부동산은 원고의 정비구역 안에 위치하고 있으며, 피고는 별지 목록 기재 각 부동산 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 순차로 연결한 선내 ㈎ 부분 12㎡(이하 ‘이 사건 점포’라 한다)를 임차하여 점유사용하면서 정육점을 운영하고 있는 자이다.

C. The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not hold a consultation on compensation for the fixed point business in the instant store. On August 22, 2014, the said Committee rendered an adjudication of expropriation that on September 26, 2014, the date of expropriation was set as the date of September 26, 2014, the Plaintiff accepted each land and obstacles within the business area, and among which, the amount of business compensation for the Defendant is set at KRW 18,305,00.

On September 25, 2014, the Plaintiff deposited KRW 18,305,00 for business compensation to the Defendant in accordance with the above acceptance ruling.

(Seoul Western District Court 2014No. 3826). [Grounds for Recognition] Party A’s 1 through 8 (including each number), the purport of the whole pleadings.

2. Determination

(a) Cause of claim: 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 of public announcement of relocation under Article 54, when the approval of management and disposal plan is publicly announced, the owner, superficies, leasee, etc. of the previous land or buildings, and the right holder, such as the lessee,