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(영문) 서울중앙지방법원 2018.11.22 2018가단5096255

건물명도(인도)

Text

1. The defendant points out of the 1st floor of the building listed in the attached list of real estate in the attached list to the plaintiff each point of the attached list No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff, as an implementer of an urban environment improvement project within the area B, 4,661.2 square meters of Seoul Jung-gu Seoul Special Metropolitan City under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), was subject to project implementation authorization on December 28, 2015, and the said authorization was publicly announced on the same day.

B. The Defendant is a lessee who occupies a section 7.6 square meters of the section 7.6 square meters on the ship (hereinafter “the part of the instant building”) that connects each point of the attached Form 1, 2, 3, 4, and 1 among the 1st floor of the building located within the instant improvement project zone in the attached Form No. 1, 2, 3, 4, and 1, and operates a

C. In accordance with the provisions of the former Act on the Improvement of Urban Areas and the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Plaintiff agreed with the Defendant on the compensation for the instant building.

However, the plaintiff did not reach an agreement, and the local Land Tribunal of Seoul Special Metropolitan City applied for the adjudication of expropriation to the local Land Tribunal of Seoul Special Metropolitan City, and the local Land Tribunal of Seoul Special Metropolitan City decided on September 28, 2018 on November 16, 2018 and decided the defendant's business compensation amount to KRW 28,235,00.

On October 29, 2018, the Plaintiff deposited KRW 28,235,00,00 as business loss compensation under the above expropriation ruling with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 7, 8 (including paper numbers), and the purport of the whole pleadings

2. In full view of the relevant provisions of the Urban Improvement Act and the Public Works Act, including Article 49(6) main text of the former Act and Article 62 of the Act on Public Works, which stipulate the principle of advance compensation, in order for an implementer of an urban environment improvement project to receive land or buildings within a rearrangement zone from a lessee to start the construction work, the management and disposal plan is approved and publicly announced.