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(영문) 서울서부지방법원 2016.02.17 2015가단229870

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the building listed in the separate sheet No. 1;

(b) Of the buildings listed in Attachment List 2, paragraph (1).

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers the 63,231 square meters in Eunpyeong-gu Seoul Metropolitan Government, and is authorized by the head of Eunpyeong-gu Seoul Metropolitan Government to establish the association on December 30, 2008, the authorization for the implementation of the project on September 26, 2013, and the authorization for the management and disposal plan on May 7, 2015. The head of Eunpyeong-gu publicly notified the details of the authorization for the management and disposal plan on

Of the buildings listed in the 14,230,000, G 14,230,000 of the building G 14,230,000 of the attached Table 2C in the attached Table 2 C, the building J 29,010,000 among the buildings listed in the 3rd floor H 22,430,000 among the buildings listed in the attached Table 2 in the attached Table 3D 46,580,000 among the buildings listed in the 46,580,000 among the buildings

B. The Defendants are those who leased and run the following real estate located in the Plaintiff’s rearrangement zone.

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Tribunal, which did not reach an agreement on business compensation between the Defendants. On July 24, 2015, the said Committee rendered a ruling of acceptance that the amount of business compensation for the discontinuance or suspension of the Defendants’ business should be determined as the same amount as that indicated in the “business compensation” stated in the above table.

On September 10, 2015, the Plaintiff deposited each business compensation with the Defendants on September 10, 2015.

[Ground of recognition] Defendant B, C, and D: Each description of evidence (including each number) Nos. 1 through 4 (including each number) Doz. Defendant E: Doz. (Article 150(3) of the Civil Procedure Act)

2. Determination

(a) Cause of claim: (i) 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 transfer under Article 54 when the approval of management and disposal plan is publicly announced; and (ii) Article 49(6) of the same Act shall not apply to the owners of the previous land