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(영문) 서울중앙지방법원 2016.04.25 2015가단5178262
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. The Plaintiff is a housing redevelopment and consolidation project association whose project implementation district covers a large scale of 80,836 square meters in Gwanak-gu, Seoul Special Metropolitan City.

On November 12, 2009, the head of Gwanak-gu in Seoul Special Metropolitan City approved the implementation of the Plaintiff’s redevelopment and rearrangement project (hereinafter “instant project”), and approved the management and disposal plan on February 17, 2015, and announced the contents of the approval of the management and disposal plan on the same day.

The defendant owns and occupies the real estate listed in the attached list in the plaintiff's project implementation district (hereinafter referred to as "the building of this case")

However, the defendant became an object of cash settlement by losing his status as an association member because he did not apply for parcelling-out within the period of application for parcelling-out.

The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee (hereinafter referred to as the “Expropriation Committee”) in order not to hold a consultation on compensation for losses with respect to the instant building. On February 29, 2016, the Expropriation Committee rendered a ruling of expropriation that sets the amount of the Defendant’s compensation as KRW 637,647,130, respectively, as of March 18, 2016.

After that, on March 9, 2016, the Plaintiff deposited the full amount of compensation for losses for the Defendant (Seoul Central District Court No. 4963, 2016), and around that time, the Defendant received the deposit.

[Ground of recognition] A.1-10, the purport of the entire pleadings

2. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that when a management and disposal plan of a project implementer is publicly announced after obtaining authorization from the project implementer, no person holding any right to the previous land or structure may use or benefit from such plan: Provided, That this shall not apply to a person holding a right, the compensation for which is not completed under Article 40 or the Act on the Acquisition of Land

Therefore, the project implementer.

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