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(영문) 서울북부지방법원 2015.10.06 2014가단115558

건물명도

Text

1. The plaintiff

(a) Defendant B real estate listed in the separate sheet No. 1;

B. Defendant C and D are set forth in the separate sheet No. 2.

Reasons

1. Basic facts

A. The Plaintiff is an association established for a housing redevelopment improvement project whose project implementation district includes the Seongbuk-gu Seoul Metropolitan Government E Group 105,629 square meters, and obtained authorization for the establishment of the association from the head of Seongbuk-gu Seoul Metropolitan Government on June 25, 2009.

On October 23, 2012, the Plaintiff received project implementation authorization from the head of Seongbuk-gu Seoul Metropolitan Government, and was authorized to implement a management and disposition plan on April 24, 2014 pursuant to Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the head of Seongbuk-gu Seoul Metropolitan Government announced the management and disposition

B. Defendant B is the owner of the real estate listed in the separate sheet No. 1 located in the project implementation district, and Defendant C is the owner of the real estate listed in the separate sheet No. 2, as Defendant C’s spouse, and Defendant D occupies and uses the said real estate, respectively.

C. On August 22, 2014, the Plaintiff deposited each of the expropriation business compensation against Defendant B and C (the commencement of expropriation as of October 10, 2014) by the local Land Tribunal of Seoul Special Metropolitan City (the commencement of expropriation as of October 22, 2014) on October 24, 2014.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 8 (including paper numbers), Eul evidence 1 (including paper numbers), 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 cannot use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents). According to the above facts, the Defendants occupied each of the above real estate located within the project implementation district, and the Defendants are obliged

B. The Defendants are obligated to deliver since the instant project implementation authorization or management and disposal plan is invalid.