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(영문) 서울북부지방법원 2014.11.28 2014가단30046
건물인도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall set out in attached list 2.

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 the project implementation district of 104,979 square meters of Seongbuk-gu Seoul Seongbuk-gu Seoul D Day as the project implementation district, and was authorized by the head of Seongbuk-gu Seoul Metropolitan Government to implement the project on June 25, 2009, implement the project on October 23, 2012, implement the project on November 7, 2013, and the head of Seongbuk-gu approved the management and disposal plan formulated by the Plaintiff on April 24, 2014, and publicly notified the details thereof on the same day.

B. Defendant B was the owner of each building listed in paragraph (1) of the attached Table No. 1, and Defendant C was the subject of cash settlement as the owner of each building listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 1 (hereinafter “1 and 2 building”), and became the subject of cash settlement, and possessed and used each of the above buildings until the date

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Regional Land Expropriation Committee as the Defendants, who are subject to cash settlement, and each of the above buildings were not subject to consultation. On August 22, 2014, Seoul Regional Land Expropriation Committee decided to accept each of the above buildings on October 10, 2014.

Accordingly, on October 7, 2014, the Plaintiff deposited the full amount of each compensation stipulated in the above acceptance ruling with the Defendants.

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

2. Determination as to the cause of claim

(a) Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date when the management and disposal plan is authorized and publicly notified, the owner, lessee, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement

Provided, That the acquisition of land, etc. for the public works and the compensation therefor shall be made with the consent of the project implementer or Article 40.

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