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(영문) 서울서부지방법원 2016.06.15 2016가합31107
건물인도
Text

1. The Plaintiff:

(a) Defendant B and C real estate listed in the separate sheet Nos. 1 to 5;

B. Defendant D shall be recorded in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established to implement an urban environment rearrangement project by using the total area of 16857 square meters in Mapo-gu Seoul Mapo-gu as a project implementation district. After obtaining authorization for the implementation of the urban environment rearrangement project on July 26, 2012 from the head of Mapo-gu, the Plaintiff was authorized to implement the management and disposal plan on July 7, 201

7. 9. The management and disposition plan was publicly announced.

B. The Defendants are owners of each of the instant real estate indicated in the separate sheet within the project implementation district, and Defendant B and C jointly own and possess the instant real estate Nos. 1 through 5, and Defendant D owned and occupied the instant real estate.

C. On February 26, 2016, the date of commencement of expropriation by the local Land Tribunal of Seoul Special Metropolitan City.

4. On 15.15. A ruling of expropriation was rendered on the expropriation of real estate including each of the instant real estate and the payment of compensation for losses.

According to the above acceptance ruling, the Plaintiff’s KRW 1,521,946,130 and KRW 1,539,402,00 in the future of Defendant B and C on April 12, 2016;

4.14. Subsequent to each deposit of KRW 2,231,542,837 in the future of Defendant D,

5.9. Defendant B and C additionally deposited KRW 16,679,000 in the future.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 9, and 12 (including paper numbers), the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When a management and disposal plan is authorized and its announcement is made, the owners of the previous land or buildings, right holders such as lessees, etc. shall not use or benefit from the previous land or buildings until the date of the public announcement of relocation under Article 54.” Accordingly, if the public announcement of the approval of the management and disposal plan is made, the former owners of the land or buildings shall not use or benefit from the previous land or buildings until the date of the public announcement of relocation under Article 54, and thus, the project implementer may use or benefit from the previous owners of the land or buildings

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