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(영문) 서울서부지방법원 2017.07.19 2016가합33653
건물명도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

Facts of recognition

A. The Plaintiff is a housing redevelopment and consolidation project association established on May 27, 2008 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a project implementation district of 62,245.80 square meters in Mapo-gu Seoul Metropolitan Government D. D (hereinafter “instant rearrangement project”).

B. On December 8, 2014, the Plaintiff received an approval for the management and disposal plan for the instant rearrangement project, and the head of Mapo-gu Seoul Metropolitan Government publicly notified the approval for the management and disposal plan on March 12, 2015.

C. The Defendant Incorporated Foundation C (hereinafter “Defendant Foundation”) is the owner of the building indicated in the separate sheet (hereinafter “instant building”) located within the implementation zone of the instant improvement project, and became a person subject to cash settlement due to the Plaintiff’s failure to file an application for parcelling-out within the application period for parcelling-out as determined by the Plaintiff, and the Defendant B church (hereinafter “Defendant church”) is an occupant who uses and benefits from the instant building.

The Plaintiff requested the Seoul Special Metropolitan City Local Land Tribunal to render a ruling of expropriation of the instant building on September 30, 2016, in order to not reach an agreement with the Defendant Foundation on compensation for losses.

On October 18, 2016, the Plaintiff deposited KRW 4,661,580,130,000, as stated in the above ruling of expropriation, with the Defendant Foundation as a depositee, on October 18, 2016.

(Seoul Western District Court No. 5361. [Grounds for Recognition] / [No. 5361.] of Seoul Western District Court 2016

A. According to Article 49(3) and (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan under the Urban Improvement Act is authorized and publicly announced, and the compensation for losses arising from the expropriation of land, etc. is completed, the use and profit of the right holder, such as the owner, lessee, etc. of the previous land or buildings within the project implementation district, shall be suspended,

B. As seen earlier.

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