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(영문) 서울중앙지방법원 2016.05.10 2015가단5292038

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in Section 1 of Annex 1;

B. Defendant C is listed in Appendix 1 List 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established for the purpose of implementing redevelopment and rearrangement projects for the area of 11,129m2 in Jongno-gu Seoul Metropolitan Government D (hereinafter “instant rearrangement project”).

The Plaintiff received the authorization of project implementation on November 22, 2013 with respect to the instant rearrangement project from the head of Jongno-gu Seoul head of the Gu, and the authorization of the management and disposal plan on June 26, 2015, respectively, and the head of Jongno-gu Seoul head of the Gu publicly notified the details of the authorization of the management and disposal plan on July 10, 20

B. Defendant B is the owner of the building indicated in Section 1 of the attached Table 1, located within the project zone of the instant rearrangement project, and has filed an application for parcelling-out, and is currently occupying the said building.

C. Defendant C occupies part of the first floor among the buildings indicated in the attached Table 1 List 2 located within the project zone of the instant rearrangement project, which connects each point of the 4.5, 8, 8, 4.99, and 15.76m2 (hereinafter “the part of the instant unregistered real estate store”) among the buildings indicated in the attached Table 1 List 1, which are located within the project zone of the instant rearrangement project.

The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Seoul Special Metropolitan City, which did not hold a consultation on compensation for losses on real estate located in the project area, including each building listed in attached Table 1. On October 30, 2015, the said Committee determined the commencement date of expropriation as of December 18, 2015 and rendered a ruling of expropriation.

E. On December 16, 2015, the Plaintiff deposited the compensation for losses (including KRW 31,885,000 for Defendant B, and KRW 29,140,000 for business compensation against Defendant C) determined by the Seoul Central District Court (Seoul Central District Court Decision 2015 No. 27966) with 26 persons, including the Defendants, as the principal deposit.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides public notice of the approval of a management and disposal plan.