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(영문) 서울북부지방법원 2014.12.10 2014가단30114
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) with a project implementation district of 104,979 square meters of Seoul Seongbuk-gu Seoul KRW 104,00,000, the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on June 25, 2009, the establishment of the association on October 23, 2012, the implementation of the project on October 23, 2012, and the implementation of the project on November 7, 2013, respectively. The head of Seongbuk-gu Office approved the management and disposal plan formulated by the Plaintiff on April 24, 2014, and publicly notified the details thereof on April 24, 2014.

B. The Defendant, the owner of the building indicated in the attached list (hereinafter “instant building”) is a person subject to cash liquidation who has not filed an application for parcelling-out, and is occupying and using the said building until the date of closing argument in the instant case.

C. As the Plaintiff did not reach an agreement on the sale of the instant building with the Defendant, who is subject to cash settlement, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal in Seoul Special Metropolitan City.

On August 22, 2014, the above confinement committee decided the commencement date of expropriation on October 10, 2014 with respect to the instant building. On October 8, 2014, the Plaintiff deposited the full amount of compensation as stipulated in the above confinement ruling with respect to the Defendant.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 8 (including virtual numbers), and the purport of the whole pleadings

2. Determination

A. (1) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the grounds of claims cannot use or benefit from the previous land or buildings until the date of the public announcement of relocation under Article 54 when the management and disposal plan is authorized and the public announcement thereof is made.

However, the compensation for losses under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) has not been completed.

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