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(영문) 서울북부지방법원 2017.10.24 2016가단4317
건물명도
Text

1. The defendant shall provide the plaintiff with the real estate listed in the annexed sheet 1 list.

(a) Appendix 2 Map 1, 2, 3, 4 and 1, among the first floor;

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization consisting of owners of land, etc. conducting an urban environment improvement project by setting the land size of 43281.8 square meters in Dongdaemun-gu Seoul Metropolitan Government as a project implementation district.

B. On September 11, 2014, the head of Dongdaemun-gu Seoul Metropolitan Government approved the implementation of the project on the Plaintiff, and approved the management and disposal plan on November 26, 2015, and publicly notified it on the same day.

C. The Defendant owns 1/2 of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) located within the said project implementation district, and possesses 1/2 of the attached sheet No. 2, and each of the items listed in the separate sheet No. 1 (hereinafter “the instant real estate”), and owns 5.00 square meters in the ship (hereinafter “each of the instant areas of possession”) connected with each of the items listed in the separate sheet No. 2, 2, 3, 4, 4, 4, 5, 6, and 3, and the separate sheet No. 1, 15.00 square meters (hereinafter “each of the instant areas of possession”).

On July 28, 2017, the Plaintiff deposited KRW 432,312,650 of the compensation determined by the Defendant on September 13, 2017 after obtaining a ruling of expropriation on the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. When the approval of a management and disposal plan is granted and a notice thereof is given pursuant to Article 49(6) and (3) of the Act on the Determination of the Grounds for Claims, the use and profit-making of the former owner, lessee, etc. of the subject matter shall be suspended, and the project implementer may receive and use the subject matter and make profits from the subject matter to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 2011). According to the above facts of recognition, the Defendant is obligated to deliver each of the possession parts

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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