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(영문) 서울동부지방법원 2015.01.21 2014가단115347

건물명도

Text

1. The defendant shall each point of the attached Form 1, 2, 3, 11, and 1 among the real estate listed in the attached Table list to the plaintiff in sequence.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement an urban environment improvement project in which the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Metropolitan City Special Metropolitan City Metropolitan City Special Metropolitan City Metropolitan City Special Metropolitan City Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Ordinance on May 24, 2010, and completed the establishment registration on May 25, 2010.

B. On June 12, 2014, the head of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Mayor”), pursuant to Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), has authorized the management and disposal plan formulated by the Plaintiff concerning the instant improvement project, and publicly notified the content as the Seoul Special Metropolitan City Gwangjin-gu Public Notice D pursuant to Article 49(3) of the Urban Improvement Act on June

C. The Defendant is occupying the instant real estate by running the real estate brokerage business with the trade name of “E real estate” from part 45 square meters in the ship (hereinafter “instant real estate”) connected with each point of the items indicated in the attached Form Nos. 1, 2, 3, 11, and 1 among the real estate indicated in the attached Table list.

On May 2014, the Plaintiff attempted to consult with the Defendant on compensation for losses, but filed an application for expropriation with the local Land Expropriation Committee under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). On July 25, 2014, the said Committee rendered a ruling of expropriation that the business compensation for the Defendant shall be KRW 19,100,000 and the commencement date of expropriation shall be September 12, 2014.

E. On September 5, 2014, the Plaintiff deposited KRW 19,100,000 for business compensation under the above confinement ruling with the deposited person as the Defendant under Seoul East Eastern District Court Decision 2014Hun-Ba3242.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. Article 49 (6) of the Act on the Maintenance of Urban Markets shall be construed as "when the management and disposal plan is authorized and the public notice thereof is given."