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(영문) 서울서부지방법원 2020.09.16 2020가단216809
건물인도
Text

In order of the defendant to the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the first floor of the real estate listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association established on September 18, 2015 to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 13,180 square meters in Seodaemun-gu Seoul Metropolitan Government. The Plaintiff is a housing redevelopment project association, the implementation of which has been approved by the head of Seodaemun-gu Seoul Metropolitan Government on September 6, 2017.

The Defendant is a person who leases and occupies part (A) of 18 square meters in the ship (hereinafter “instant real estate”) that connects each point of the attached Form 1, 2, 3, 4, and 1 among the real estate on the 1st floor in the instant redevelopment project zone.

B. On June 19, 2019, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette on the same day.

C. On April 24, 2020, the Plaintiff filed an application for a ruling of expropriation with the Defendant, which did not reach an agreement with the competent local Land Tribunal on compensation for losses, received a ruling of expropriation on June 12, 2020 on the date of commencement of expropriation from the local Land Tribunal of Seoul Special Metropolitan City on April 24, 2020. On June 1, 2020, the Plaintiff deposited all compensation for losses (business compensation) for the instant real estate under the said ruling of expropriation with the Defendant as the depositee.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. According to the main sentence and proviso of Article 81 (1) and Article 81 (2) of the Act on the Maintenance of Small and Medium Enterprises, any right holder, such as owners, superficies, persons having a right to lease and lease of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management

However, the same shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has not been completed.

Considering the above facts in light of the contents of the above statutes, the Plaintiff.

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