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(영문) 서울북부지방법원 2015.09.01 2015가단118189

건물명도

Text

1. The plaintiff

A. Defendant B shall have a 99.37 square meters of geological strata, 91.95 square meters of two stories, and 91.95 square meters of three stories among the buildings listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment development and rearrangement project association established to implement a housing redevelopment and rearrangement project whose project area covers 80,145 square meters in Seongbuk-gu Seoul Metropolitan Government, and was authorized to approve the establishment of the Seongbuk-gu Seoul Metropolitan Government Office on July 30, 2008; the authorization for the establishment of the association on February 13, 2015; the authorization for the establishment of the association on July 21, 2009; the authorization for the implementation of the project on February 25, 2015; and the management and disposal plan was authorized pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government publicly notified the above management and disposal plan on February 26, 2015.

B. Defendant B is a lessee who occupies and uses a 99.37 square meters of land, 2 stories 91.95 square meters of land and 3 stories of 91.95 square meters of land among the attached buildings located within the said project implementation district, and Defendant C is a lessee who leases and uses a 91.95 square meters of land among the buildings listed in the attached Table list from E, the owner of which is the 1st floor of

On June 26, 2015, the Plaintiff deposited KRW 32,763,00,000 for compensation for expropriation of goodwill to the Defendant C on July 18, 2015, following the Seoul Special Metropolitan City Regional Land Tribunal’s ruling of expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination

A. When the approval of the management and disposal plan is announced, the owner, superficies, leaseer, etc. of the previous land or structure may not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Urban Improvement Act (Article 49(6) of the Urban Improvement Act). According to the above facts, the Defendants are obliged to deliver the said real estate to the Plaintiff, since they occupy the said real estate located within the project implementation district concerned.

B. As to this, Defendant C is dissatisfied with the purport that it cannot comply with the Plaintiff’s request prior to the adjudication of expropriation and payment of compensation, and the competent Land Tribunal.